Senate Concurrent Resolution 1 - Introduced

PAG LIN

                                    S.C.R. ________ H.C.R. ________


  1  1          SENATE CONCURRENT RESOLUTION NO.    
  1  2                      BY  MCKINLEY
  1  3 A Concurrent Resolution claiming state sovereignty
  1  4    under the Tenth Amendment to the Constitution of
  1  5    the United States over certain mandates imposed on
  1  6    states by the federal government.
  1  7    WHEREAS, the Tenth Amendment to the Constitution of
  1  8 the United States reads as follows:
  1  9    "The powers not delegated to the United States by
  1 10 the Constitution, nor prohibited by it to the States,
  1 11 are reserved to the States respectively, or to the
  1 12 people."; and
  1 13    WHEREAS, the Tenth Amendment defines the total
  1 14 scope of federal power as being that specifically
  1 15 granted by the Constitution of the United States and
  1 16 no more; and
  1 17    WHEREAS, the United States Supreme Court has ruled
  1 18 that Congress may not simply commandeer the
  1 19 legislative and regulatory processes of the states;
  1 20 and
  1 21    WHEREAS, the scope of power defined by the Tenth
  1 22 Amendment means that the federal government was
  1 23 created by the states specifically to be an agent of
  1 24 the states; and
  1 25    WHEREAS, today, the states are demonstrably treated
  1 26 as agents of the federal government; and
  1 27    WHEREAS, many federal mandates on the states are
  1 28 directly in violation of the Tenth Amendment to the
  1 29 Constitution of the United States; NOW THEREFORE,
  1 30    BE IT RESOLVED BY THE SENATE, THE HOUSE OF
  2  1 REPRESENTATIVES CONCURRING, That the State of Iowa
  2  2 hereby claims sovereignty under the Tenth Amendment to
  2  3 the Constitution of the United States over all powers
  2  4 not otherwise enumerated and granted to the federal
  2  5 government by the Constitution of the United States;
  2  6 and
  2  7    BE IT FURTHER RESOLVED, That the Iowa General
  2  8 Assembly demands that the federal government, as its
  2  9 agent, cease and desist, effective immediately,
  2 10 enacting federal mandates on the states that are
  2 11 beyond the scope of these constitutionally delegated
  2 12 powers; and
  2 13    BE IT FURTHER RESOLVED, That a copy of this
  2 14 resolution be sent to the President of the United
  2 15 States, the President of the United States Senate, the
  2 16 Speaker of the United States House of Representatives,
  2 17 and each member of Iowa's congressional delegation.
  2 18 LSB 1150SS 83
  2 19 ec/rj/5