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A JOINT RESOLUTION
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applying to Congress to call a convention to propose an amendment to |
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the United States Constitution to permit the repeal of federal law |
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by two-thirds of the legislatures of the several states. |
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WHEREAS, Article I, Section 1, of the United States |
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Constitution provides that all legislative powers granted to the |
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federal government are vested in the United States Congress; and |
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WHEREAS, Congress has exceeded the legislative powers |
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granted to it in the United States Constitution, thereby |
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encroaching both on the powers that the Tenth Amendment provides |
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are reserved to the states or the people and on the unenumerated |
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rights that the Ninth Amendment affirms are retained by the people; |
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and |
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WHEREAS, This encroachment includes the accumulation of a |
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federal debt that, combined with interest, constitutes a future tax |
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and is of such magnitude that responsibility for its payment will be |
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passed to future, unborn generations of Americans without their |
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consent; and |
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WHEREAS, This encroachment also includes compelling state |
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and local governments to comply with federal laws and regulations |
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without providing funding equal to the cost of those mandates; and |
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WHEREAS, In Federalist Number 85, Alexander Hamilton wrote in |
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reference to Article V of the United States Constitution: "We may |
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safely rely on the disposition of the State legislatures to erect |
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barriers against the encroachments of the national authority"; and |
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WHEREAS, The United States Constitution should be amended in |
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order to halt federal encroachment, to restore a proper balance |
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between the powers of Congress and those of the several states, and |
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to prevent the denial or disparagement of the rights retained by the |
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people; and |
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WHEREAS, The United States Constitution contains no |
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provision giving the several states the power to repeal federal |
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laws that encroach on the powers and rights retained by the states |
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and the people; and |
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WHEREAS, Article V of the United States Constitution provides |
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that on application of the legislatures of two-thirds of the |
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several states Congress shall call a convention for proposing |
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amendments to the constitution; now, therefore, be it |
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RESOLVED, That the 82nd Texas Legislature apply to Congress |
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to call a convention under Article V of the United States |
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Constitution for the exclusive purpose of proposing an amendment to |
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the constitution permitting the repeal of a federal law or |
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regulation by vote of two-thirds of the legislatures of the several |
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states; and, be it further |
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RESOLVED, That this state's delegation to the convention |
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shall propose the following amendment: "A law or regulation of the |
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United States may be repealed by the several states. Repeal is |
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effective when the legislatures of two-thirds of the several states |
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approve resolutions that specifically name the law or regulation to |
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be repealed"; and, be it further |
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RESOLVED, That delegates to the convention be selected |
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according to procedures established by the legislatures of their |
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respective states; and, be it further |
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RESOLVED, That, unless rescinded by a succeeding Texas |
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Legislature, this application by the 82nd Texas Legislature |
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constitutes a continuing application in accordance with Article V |
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of the United States Constitution until at least two-thirds of the |
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legislatures of the several states have applied to Congress to call |
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a convention to propose an amendment to the constitution to permit |
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the repeal of federal law by vote of two-thirds of the legislatures |
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of the several states; 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 speaker of the House of Representatives and the president of the |
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Senate of the Congress of the United States, and to all members of |
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the Texas delegation to Congress with the request that this |
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resolution be officially entered in the Congressional Record as an |
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application to Congress for a convention to propose an amendment to |
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the United States Constitution to permit repeal of federal law by |
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vote of two-thirds of the legislatures of the several states. |