Texas House Claiming State Sovereignty

[JohnP]

Brandon Creighton, the State Representative from Conroe, TX has filed a 10th Amendment Bill in the Texas House claiming state sovereignty over non-enumerated Constitutional powers. The libs are in an uproar, and Creighton is literally being stopped in the hallways of the Capitol by other legislators who want to sign on as co-sponsors.

The resolution is, as follows:

By:ACreighton H.C.R.ANo.A50

CONCURRENT RESOLUTION

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 federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Section 4, Article IV, of the Constitution says, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment 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, 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, That the 81st Legislature of the State of Texas hereby claim 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; and,
be it further RESOLVED, 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 these constitutionally delegated powers; and,
be it further RESOLVED, 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; and,
be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.

God, Bless Texas.

[Billyd]

If it upsets the libs, it must be a good thing. Good on ya, Lone Star!

[TruBlu]

As they should, good for Mr. Creighton and those supporting his bill. Too many issues are being taken over by the federal government. I remember hearing during the elections, "What will you do on the issue of abortion/the environment/health care/etc," and the whole time I asked myself when one of them would say, "Well that's for the states and people that populate them to decide." The Federal government is out of control. I don't call for more representation of the right or left or independent, I ask that states get the power that was vested in them by the people way back when.

[txb&b]

I'm happy to see that the bill has finally been presented to the Texas House. There are several other states in the process of doing the same thing.

[03_SHOOTER]

HOOAH! Good on Texas!

BTW, I'll be sending a suitably edited copy of this to my representatives with the admonition that they immediately adopt it.

[TruBlu]

Originally Posted by 03_SHOOTER

HOOAH! Good on Texas!

BTW, I'll be sending a suitably edited copy of this to my representatives with the admonition that they immediately adopt it.

What would be a suitable copy and what would be a suitable method of sending it to them? I'd be interested in doing the same thing to Mr. DeMint and Mr. Graham, not to mention Mr. Brown.

[03_SHOOTER]

Originally Posted by TruBlu

What would be a suitable copy and what would be a suitable method of sending it to them? I'd be interested in doing the same thing to Mr. DeMint and Mr. Graham, not to mention Mr. Brown.

In my case, substituting the word "Texas" with "North Carolina", in your case it would be "South Carolina".

[txb&b]

Originally Posted by TruBlu

What would be a suitable copy and what would be a suitable method of sending it to them? I'd be interested in doing the same thing to Mr. DeMint and Mr. Graham, not to mention Mr. Brown.

North and South Carolina have already submitted the resolution.

Here's a list of who has as of a few weeks ago (but I make no promises as to how complete it is):

Alabama = HJR298
Alaska = HR9
Arizona = HCR2024
Arkansas = HCR1011
Georgia = HR280
Indiana = SC37
Iowa = SCR1
Idaho = HJM4
Kansas = SCR1609
Kentucky = HCR168
Michigan = HCR4
Minnesota = HF997
Mississippi = SCR630
Missouri = HCR13
Montana = HB246
New Hampshire = HCR6
New Mexico = HJR27
North Carolina = H849
Oklahoma = HJR1003
Oregon = HJM17
South Carolina = H3509
South Dakota = HCR1013
Tennessee = HJR108
Texas = HCR50
Virginia = HR61
Washington = HJM4009

Pennsylvania was in the process but hadn't assigned a bill # at the time I saw the list.

[TruBlu]

Oh well thank you then! My representatives have done well to me thus far. *Knocks on wood.*

[03_SHOOTER]

Originally Posted by txb&b

North and South Carolina have already submitted the resolution.

Thanks txb&b, I'm aware of the N. Carolina Bill, I just prefer the verbiage used in the Texas Bill. The N. Carolina Bill reads like a line out of Oliver Twist "please sir, may I have my Rights back" whereas the Texas Bill reads as a notice of intent, "leave us alone...or else".