Resolution-state sovereignty.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0057

HOUSE JOINT RESOLUTION
NO.
HJ0001

Resolution-state sovereignty.

Sponsored by:
Representative(s) Brechtel

A Bill

for

A JOINT RESOLUTION requesting Congress to
cease and desist from enacting mandates that are beyond the scope of the enumerated powers granted to Congress by the Constitution of the
United States
.

WHEREAS,
t
he
T
enth
A
mendment 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,
t
he
T
enth
A
mendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

WHEREAS,
t
he scope of power defined by the
T
enth
A
mendment means that the federal government was created by the states specifically to be an agent of the states; and

WHEREAS,
t
oday, in 20
1
0, the states are demonstrably treated as agents of the federal government; and

WHEREAS,
m
any federal laws are directly in violation of the
T
enth
A
mendment to the
C
onstitution of the
United States
; and

WHEREAS,
t
he
T
enth
A
mendment assures that we, the people of the United States of America and each sovereign state in the
u
nion of
s
tates, now have, and have always had, rights the federal government may not usurp; and

WHEREAS,
S
ection 4,
A
rticle IV, of the Constitution says,
"
The United States shall guarantee to every State in this Union a Republican Form of Government,
"
and the
N
inth
A
mendment states that
"
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
"
; and

WHEREAS,
t
he United States
s
upreme
c
ourt has ruled in
New York v. United States
, 112
S. Ct.
2408 (1992), that
C
ongress 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
C
ongress may further violate the Constitution of the United States
.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF
WYOMING
:

Section 1.

That the Wyoming Legislature claims sovereignty under the
T
enth
A
mendment 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.

Section 2.

That this resolution serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, from enacting mandates that are beyond the scope of these constitutionally delegated powers.

Section 3.

That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed.

Section 4.

That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation, with a request that this resolution be officially entered in the congressional record as a memorial to the Congress of the United States of America.

(END)

1
HJ0001