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CONCURRENT RESOLUTION
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WHEREAS, The federal government was established by the states |
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through the ratification of the Constitution of the United States, |
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which granted carefully limited powers, yet through the years, the |
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relationship between the federal government and state governments |
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has been thrown out of balance; and |
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WHEREAS, The framers of the Constitution recognized that |
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separation of powers is essential and, accordingly, established |
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checks and balances not only among the branches of the federal |
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government but also between the federal government and state |
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governments; the Tenth Amendment to the United States Constitution |
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provides that "the powers not delegated to the United States by the |
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Constitution, nor prohibited by it to the States, are reserved to |
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the States respectively, or to the people"; and |
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WHEREAS, Increasingly, the executive and legislative |
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branches of the federal government have by many actions usurped |
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powers reserved to the states and to the people, and the federal |
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judiciary has failed to stop many of these excesses; federal |
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preemption of state powers prevents states from acting as true |
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laboratories of democracy, seeking novel social and economic |
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policies without risk to the nation; and |
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WHEREAS, To restore the balance of power between the federal |
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government and state governments intended by the framers of the |
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Constitution of the United States, the federal government must |
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carefully consider, and be accountable for, the constitutional |
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boundaries of its jurisdiction; now, therefore, be it |
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RESOLVED, That the 82nd Legislature of the State of Texas |
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hereby urge the United States Congress to enact legislation to |
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require that any subsequent law cite the section of the |
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Constitution authorizing Congress to enact the law, state |
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explicitly the extent to which the proposed section of law preempts |
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any state, local, or tribal law, and if it does preempt such a law, |
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provide an explanation of the reason or reasons for such |
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preemption; and, be it further |
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RESOLVED, That if Article I, Section 8, Clause 3, of the |
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Constitution of the United States is identified as the |
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constitutional provision granting authority to Congress for its |
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proposed law, Congress report a list of factual findings |
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establishing a substantial nexus between the regulatory effect of |
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the proposed law and interstate commerce; and, be it further |
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RESOLVED, That such legislation prohibit federal agency |
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rules and regulations from preempting or otherwise interfering with |
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state or local powers without express statutory authority and |
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require agencies to provide states with notice and an opportunity |
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to be heard in the rulemaking process; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |