Another State reaffirms its rights under the 10th amendment

February 23, 2009

See it HERE

 

Tennessee now joins New Hampshire, Montana and Oklahoma in asserting its 10th amendment rights (emphasis mine):

 

HOUSE JOINT RESOLUTION 108

 

A RESOLUTION to affirm Tennessee’s sovereignty under the

Tenth Amendment to the Constitution of the

United States and to demand the federal

government halt its practice of assuming powers

and of imposing mandates upon the states for

purposes not enumerated by the Constitution of

the United States.

 

WHEREAS, the Tenth 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 Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and WHEREAS, many powers assumed by the federal  government and federal mandates are directly in violation of the Tenth 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 Constitution of the United States; now, therefore,

 

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED

SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE

CONCURRING, that we hereby affirm Tennessee’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States. We also demand the federal government to halt and reverse its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States.

 

BE IT FURTHER RESOLVED, that a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.

 

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to

the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional delegation.

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