Senate Concurrent Resolution 3 - Introduced SENATE CONCURRENT RESOLUTION NO. 3 BY SORENSON , CHELGREN , BERTRAND , FEENSTRA , BOETTGER , SEYMOUR , BARTZ , ANDERSON , BACON , HAMERLINCK , BEHN , KETTERING , JOHNSON , KAPUCIAN , GREINER , HAHN , ZAUN , McKINLEY , ERNST , DIX , SMITH , WHITVER , WARD , and HOUSER A Concurrent Resolution claiming state sovereignty 1 under the Tenth Amendment to the Constitution of the 2 United States over certain mandates imposed on the 3 states by the federal government. 4 WHEREAS, the Tenth Amendment to the Constitution of 5 the United States reads as follows: “The powers not 6 delegated to the United States by the Constitution, nor 7 prohibited by it to the States, are reserved to the 8 States respectively, or to the people.”; and 9 WHEREAS, the Tenth Amendment defines the total scope 10 of federal power as being that specifically granted by 11 the Constitution of the United States and no more; and 12 WHEREAS, the United States Supreme Court has ruled 13 that Congress may not simply commandeer the legislative 14 and regulatory processes of the states; and 15 WHEREAS, the scope of power defined by the Tenth 16 Amendment means that the federal government was created 17 by the states specifically to be an agent of the 18 states; and 19 WHEREAS, today, the states are demonstrably treated 20 as agents of the federal government; and 21 WHEREAS, many federal mandates are directly in 22 violation of the Tenth Amendment to the Constitution of 23 the United States; NOW THEREFORE, 24 -1- LSB 1516SS (4) 84 aw/rj 1/ 2
S.C.R. 3 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 25 REPRESENTATIVES CONCURRING, That the State of Iowa 26 hereby claims sovereignty under the Tenth Amendment 27 to the Constitution of the United States over all 28 powers not otherwise enumerated and granted to the 1 federal government by the Constitution of the United 2 States; and 3 BE IT FURTHER RESOLVED, That the Iowa General 4 Assembly demands that the federal government, as 5 its agent, cease and desist, effective immediately, 6 enacting federal mandates that are beyond the scope of 7 these constitutionally delegated powers; and 8 BE IT FURTHER RESOLVED, That a copy of this 9 resolution be distributed to the President of the 10 United States, the President of the United States 11 Senate, the Speaker of the United States House 12 of Representatives, and each member of Iowa’s 13 congressional delegation. 14 -2- LSB 1516SS (4) 84 aw/rj 2/ 2