LRB-2784/1
JS:kaf:arm
1997 - 1998 LEGISLATURE
April 28, 1997 - Introduced by Representatives Porter, Underheim, F. Lasee,
Schneider, Hoven, Huebsch, Handrick, Ziegelbauer, Ladwig, Skindrud,
Sykora, Zukowski, Musser, Owens, Green, Grothman, Goetsch, Seratti,
Nass, Walker, Albers, Otte and Gunderson, cosponsored by Senators
Drzewiecki and Zien. Referred to Committee on Elections and Constitutional
Law.
AJR51,1,52
Whereas, the 10th Amendment to the Constitution of the United States reads
3as follows: "The powers not delegated to the United States by the Constitution, nor
4prohibited by it to the States, are reserved to the States respectively, or to the people";
5and
AJR51,1,76
Whereas, the 10th Amendment defines the total scope of federal power as being
7only that specifically granted by the U.S. Constitution and no more; and
AJR51,1,108
Whereas, the scope of power defined by the 10th Amendment means that the
9federal government was created by the states specifically to be an agent of the states;
10and
AJR51,1,1211
Whereas, today the states are demonstrably treated as agents of the federal
12government; and
AJR51,1,1513
Whereas, numerous resolutions opposing federal encroachment on state
14powers have been forwarded to the federal government by the legislature without
15any response or result from Congress or the federal government; and
AJR51,2,2
1Whereas, many federal mandates are directly in violation of the 10th
2Amendment to the Constitution of the United States; and
AJR51,2,53
Whereas, the U.S. Supreme Court has ruled in
New York v. United States, 112
4S. Ct. 2408 (1992) that Congress may not simply commandeer the legislative and
5regulatory processes of the states; and
AJR51,2,86
Whereas, a number of federal proposals from previous administrations and
7some now pending from the present administration and from Congress may further
8violate the U.S. Constitution; now, therefore, be it
AJR51,2,12
9Resolved by the assembly, the senate concurring, That the state of
10Wisconsin hereby claims sovereignty under the 10th Amendment to the Constitution
11of the United States over all powers not otherwise enumerated and granted to the
12federal government by the U.S. Constitution; and, be it further
AJR51,2,16
13Resolved, That this joint resolution shall serve as notice and demand to the
14federal government, as our agent, to cease and desist, effective immediately,
15mandates that are beyond the scope of its constitutionally delegated powers; and, be
16it further
AJR51,2,20
17Resolved, That the assembly chief clerk shall provide copies of this joint
18resolution to the President of the United States, the speaker of the U.S. house of
19representatives and the presiding officer of each house of each state legislature of the
20United States, and to each member of this state's congressional delegation.
