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10th Amendment
Tenth Amendment State Sovereignty Resolution
Author: State Senator Charles Duke, State of Colorado
Applicability: (State) Memorializing Congress to obey the restraints of the 10th Amendment to the Constitution for the United States of America.
TENTH AMENDMENT - STATE SOVEREIGNTY RESOLUTION
WHEREAS, The 10th Amendment to the Constitution of the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and
WHEREAS, The 10th Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and
WHEREAS, The scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, Today the states are demonstrably treated as agents of the federal government; and
WHEREAS, Numerous resolutions have been forwarded to the federal government by the ______ General Assembly without any response or result from Congress or the federal government; and
WHEREAS, Many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States; and
WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, A number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution; now, therefore,
Be It Resolved by the Legislature of the State of ______ concurring herein:
(1) That the State of ______ hereby claims sovereignty under the 10th
Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
(2) That this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers.
Be It Further Resolved, That copies of this Resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and (???'s) Congressional delegation.
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