House Concurrent Resolution 105 - Introduced HOUSE CONCURRENT RESOLUTION NO. 105 BY WILLS , GUSTAFSON , SALMON , HEARTSILL , FRY , KAUFMANN , FISHER , R. TAYLOR , WATTS , HOLT , GRASSLEY , BEST , PAUSTIAN , KLEIN , T. MOORE , HEIN , BRANHAGEN , KOESTER , HUSEMAN , HOLZ , DEYOE , WORTHAN , BYRNES , BAUDLER , MAXWELL , STANERSON , and KOOIKER 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 5182YH (3) 86 aw/rj 1/ 2

H.C.R. 105 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 1 THE SENATE CONCURRING, That the State of Iowa hereby 2 claims sovereignty under the Tenth Amendment to 3 the Constitution of the United States over all 4 powers not otherwise enumerated and granted to the 5 federal government by the Constitution of the United 6 States; and 7 BE IT FURTHER RESOLVED, That the Iowa General 8 Assembly demands that the federal government, as 9 its agent, cease and desist, effective immediately, 10 enacting federal mandates that are beyond the scope of 11 these constitutionally delegated powers; and 12 BE IT FURTHER RESOLVED, That a copy of this 13 resolution be distributed to the President of the 14 United States, the President of the United States 15 Senate, the Speaker of the United States House 16 of Representatives, and each member of Iowa’s 17 congressional delegation. 18 -2- LSB 5182YH (3) 86 aw/rj 2/ 2