State sovereignty impacted by federal actions.

21LSO-0673

ORIGINAL House

JOINT RESOLUTION
.
HJ0011

ENROLLED JOINT RESOLUTION NO. 3,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

A JOINT RESOLUTION requesting the federal government to respect state sovereignty; to review and correct federal actions which infringe upon the right to bear arms; and to recognize the impact of federal land use and natural resource development policies on Wyoming citizens and to collaborate with the state in adopting and implementing the policies.

WHEREAS, a union of sovereign states established a federal government and delegated limited powers to that government;

WHEREAS, any question as to whether powers not delegated to the federal government were retained by the states was emphatically answered with the ratification of the tenth amendment
;

WHEREAS, Wyoming is a sovereign state admitted to the union on an equal footing, in all respects, in accordance with Wyoming's Act of Admission;

WHEREAS, the United States Constitution, treaties, federal law and numerous court decisions have recognized that Indian tribes exercise inherent sovereign powers over their members and territory;

WHEREAS, the United States supreme court has consistently affirmed that the power of Congress to admit new states, is limited as the "Union of States, must be equal in power, dignity and authority, each state competent to exert that residuum of sovereignty not delegated to the United States by the Constitution itself."

Coyle v. Smith
, 221 U.S. 559 (1911);

WHEREAS, the second amendment to the federal Constitution recognizes the right of the people to bear arms and that the right shall not be infringed, and Article 1, Section 24 of
the Wyoming Constitution provides that the right of citizens to bear arms in defense of themselves and of the state shall not be denied;

WHEREAS, Wyoming has been blessed with abundant natural resources which have been developed to create economic prosperity and provide energy independence from foreign nations thereby providing for the peace, safety and happiness of all citizens of the United States;

WHEREAS, the federal government has recently taken actions limiting the development of natural resources, in many instances unilaterally through the executive department, without consultation with Congress or the States;

WHEREAS, the federal government through Congressional enactments, executive orders, agency regulations and judicial rulings has limited the transfer and ownership of firearms and has provided for the tracking of firearms, which are actions infringing upon the people's rights;

WHEREAS, federal laws enacted in accordance with the limited powers delegated by the union of states to the federal government are the supreme law of the land as recognized by the United States and Wyoming Constitutions;

WHEREAS, the state of Wyoming is an inseparable part of the federal union;

WHEREAS, a more perfect union will not be realized by actions of any single department of the federal government and cannot be forged by acts of a federal government which exceed delegated powers; nor should acts of the federal government be tolerated when exercise of those delegated powers harms the welfare of the citizens of states, even when in complete observance of constitutional limitations; and

WHEREAS, all power is inherent in the people and all free governments are founded on their authority.

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

Section 1.

That the current Executive Department Administration of the federal government and Congress should here and now, and in the future, respect the sovereignty of Wyoming and the other states of ou
r union.

Section 2.

That the federal government not regulate arms at a national level and that the Executive Department of the federal government work with Congress and the states to review and correct federal actions which infringe on the rights conferred by the second amendment to the federal constitution and on the rights of citizens conferred independently by the constitutions of the several states.

Section 3.

That the current Executive Department Administration should respect the critical role that federal lands play in Wyoming's culture, recreation, wildlife, livestock production, mineral development and tourism, and the current Administration and Congress work with the state of Wyoming to develop federal policies land use policies in a manner which recognizes their impacts on Wyoming citizens and implements those policies in a manner consistent with the state's and tribes' cultures.

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.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1