House Concurrent Resolution 104 - Introduced HOUSE CONCURRENT RESOLUTION NO. 104 BY WILLS A Concurrent Resolution affirming the sovereignty of 1 the states under the Tenth Amendment to the United 2 States Constitution. 3 WHEREAS, the Tenth Amendment to the United States 4 Constitution reads as follows: “The powers not 5 delegated to the United States by the Constitution, nor 6 prohibited by it to the States, are reserved to the 7 States respectively, or to the people”; and 8 WHEREAS, the Tenth Amendment defines the total scope 9 of federal power as being that specifically granted by 10 the United States Constitution and no more; and 11 WHEREAS, the scope of federal power defined by the 12 Tenth Amendment means that the federal government was 13 created by the states specifically to be an agent of 14 the states; and 15 WHEREAS, state authority has been eroded primarily 16 by four developments: (1) federal assumption of powers 17 reserved to the states under the Tenth Amendment; 18 (2) interpretations of the “commerce clause” which 19 go beyond any reasonable conception, and in effect 20 authorize federal preemption with respect to any 21 issue for which some faint or circuitous connection 22 can be made to interstate commerce; (3) by threat of 23 withholding, withdrawing, or diverting federal funds to 24 coerce compliance with federal policies; (4) failure on 25 the part of the states to challenge federal intrusions; 26 and 27 WHEREAS, State governments have endorsed federal 28 -1- LSB 5192YH (2) 88 ss/rn 1/ 3

H.C.R. 104 usurpation by seeking additional federal funding and by 1 accepting federal delegations of power; and 2 WHEREAS, today the states are demonstrably treated 3 as agents of the federal government; and 4 WHEREAS, numerous resolutions have been forwarded to 5 the federal government without any response or result 6 from Congress or the federal government; and 7 WHEREAS, many federal mandates are directly in 8 violation of the Tenth Amendment; and 9 WHEREAS, the United States Supreme Court has ruled 10 in New York v. United States, 112 S. Ct. 2408 (1992), 11 that Congress may not simply commandeer the legislative 12 and regulatory processes of the states; and 13 WHEREAS, a number of proposals from previous federal 14 administrations and some now pending from the present 15 federal administration and from Congress may further 16 violate the United States Constitution; NOW THEREFORE, 17 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE 18 SENATE CONCURRING, That the State of Iowa hereby claims 19 sovereignty under the Tenth Amendment to the United 20 States Constitution over all powers not otherwise 21 enumerated and granted to the federal government by the 22 United States Constitution; and 23 BE IT FURTHER RESOLVED, That this serve as notice 24 and demand to the federal government, as our agent, to 25 cease and desist, effective immediately, mandates that 26 are beyond the scope of its constitutionally delegated 27 powers; and 28 BE IT FURTHER RESOLVED, That copies of this 29 resolution be sent to the President of the United 30 -2- LSB 5192YH (2) 88 ss/rn 2/ 3

H.C.R. 104 States, the President of the United States Senate, the 1 Speaker of the United States House of Representatives, 2 and each member of the congressional delegation of the 3 State of Iowa. 4 -3- LSB 5192YH (2) 88 ss/rn 3/ 3