LRB-2455/1
SRM:wlj:jf
2009 - 2010 LEGISLATURE
April 9, 2009 - Introduced by Senators Leibham, Lazich, Darling, Grothman,
Harsdorf and Schultz. Referred to Committee on Ethics Reform and
Government Operations.
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1Relating to: state sovereignty.
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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
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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
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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
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Whereas, today the states are demonstrably treated as agents of the federal
10government; and
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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
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Whereas, many federal mandates are directly in violation of the Tenth
15Amendment to the Constitution of the United States; and
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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
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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
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7Resolved by the senate, That the senate hereby claims sovereignty under the
8Tenth Amendment to the Constitution of the United States over all powers not
9otherwise enumerated and granted to the federal government by the U.S.
10Constitution; and, be it further
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11Resolved, That adoption of this resolution does not constitute an application
12for the calling of a federal Constitutional Convention within the meaning of Article
13V of the U.S. Constitution; and, be it further
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14Resolved, That this resolution shall serve as notice and demand to the federal
15government, as our agent, to cease and desist, effective immediately, mandates that
16are beyond the scope of its constitutionally delegated powers; and, be it further
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17Resolved, That the senate chief clerk shall provide copies of this joint
18resolution to the president of the United States, to the speaker of the U.S. House of
19Representatives, to the presiding officer of each house of each state legislature of the
20United States, and to each member of this state's congressional delegation.
