LRB-1512/1
SRM:wlj:pg
2007 - 2008 LEGISLATURE
March 8, 2007 - Introduced by Senator Leibham. Referred to Committee on Ethics
Reform and Government Operations.
SJR21,1,42
Whereas, the Tenth Amendment to the Constitution of the United States reads,
3"The powers not delegated to the United States by the Constitution, nor prohibited
4by it to the States, are reserved to the States respectively, or to the people"; and
SJR21,1,65
Whereas, the Tenth Amendment defines the total scope of federal power as
6being that specifically granted by the U.S. Constitution and no more; and
SJR21,1,87
Whereas, as the scope of power is defined by the Tenth Amendment, the federal
8government was created by the states specifically to be an agent of the states; and
SJR21,1,109
Whereas, today the states are demonstrably treated as agents of the federal
10government; and
SJR21,1,1311
Whereas, the legislature has forwarded to the federal government numerous
12resolutions opposing federal encroachment on state powers but has received no
13response or result from Congress or the federal government; and
SJR21,1,1514
Whereas, many federal mandates are directly in violation of the Tenth
15Amendment to the Constitution of the United States; and
SJR21,2,3
1Whereas, the U.S. Supreme Court has ruled in
New York v. United States, 112
2S. Ct. 2408 (1992) that Congress may not simply commandeer the legislative and
3regulatory processes of the states; and
SJR21,2,64
Whereas, a number of federal proposals from previous administrations and
5some now pending from the present administration and from Congress may further
6violate the U.S. Constitution; now, therefore, be it
SJR21,2,10
7Resolved by the senate, the assembly concurring, That the state of
8Wisconsin hereby claims sovereignty under the Tenth Amendment to the
9Constitution of the United States over all powers not otherwise enumerated and
10granted to the federal government by the U.S. Constitution; and, be it further
SJR21,2,14
11Resolved, That adoption of this resolution does not constitute an application
12by the legislature of the state of Wisconsin for the calling of a federal Constitutional
13Convention within the meaning of Article V of the U.S. Constitution; and, be it
14further
SJR21,2,17
15Resolved, That this resolution shall serve as notice and demand to the federal
16government, as our agent, to cease and desist, effective immediately, mandates that
17are beyond the scope of its constitutionally delegated powers; and, be it further
SJR21,2,21
18Resolved, That the senate chief clerk shall provide copies of this joint
19resolution to the president of the United States, the speaker of the U.S. House of
20Representatives, the presiding officer of each house of each state legislature of the
21United States, and each member of this state's congressional delegation.
