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PAG LIN
1 1 HOUSE CONCURRENT RESOLUTION NO. ___
1 2 BY (PROPOSED COMMITTEE ON STATE
1 3 GOVERNMENT RESOLUTION BY CHAIRPERSON
1 4 MARTIN)
1 5 A Concurrent Resolution claiming sovereignty under
1 6 the Tenth Amendment to the United States Constitution
1 7 over all powers not otherwise enumerated and granted
1 8 to the federal government by the Constitution and
1 9 demanding that the federal government cease
1 10 mandates that are beyond the scope of its
1 11 constitutional powers.
1 12 WHEREAS, the Tenth Amendment to the Constitution of the
1 13 United States reads as follows:
1 14 "The powers not delegated to the United States by the
1 15 Constitution, nor prohibited by it to the States, are reserved
1 16 to the States respectively, or to the people."; and
1 17 WHEREAS, the Tenth Amendment defines the total scope of
1 18 federal power as being that specifically granted by the United
1 19 States Constitution and no more; and
1 20 WHEREAS, the scope of power defined by the Tenth Amendment
1 21 means that the federal government was created by the states
1 22 specifically to be an agent of the states; and
1 23 WHEREAS, in 1995, the states are demonstrably treated as
1 24 agents of the federal government; and
1 25 WHEREAS, many federal mandates are directly in violation of
1 26 the Tenth Amendment to the Constitution of the United States;
1 27 and
1 28 WHEREAS, the United States Supreme Court has ruled in New
1 29 York v. United States, 112 S.Ct. 2408 (1992), that Congress
1 30 may not simply commandeer the legislative and regulatory
1 31 processes of the states; and
1 32 WHEREAS, a number of proposals from previous
1 33 administrations and some now pending from the present
1 34 administration and from Congress may further violate the Tenth
1 35 Amendment; NOW THEREFORE,
2 1 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE
2 2 CONCURRING, That Iowa and the people thereof hereby claim
2 3 sovereignty under the Tenth Amendment to the Constitution of
2 4 the United States over all powers not otherwise enumerated and
2 5 granted to the federal government by the United States
2 6 Constitution; and
2 7 BE IT FURTHER RESOLVED, That this Resolution serves as a
2 8 notice and demand to the federal government, as Iowa's agent,
2 9 to cease and desist, effective immediately, mandates that are
2 10 beyond the scope of the federal government's constitutionally
2 11 delegated powers; and
2 12 BE IT FURTHER RESOLVED, That copies of this Resolution be
2 13 transmitted to the President of the United States, the Speaker
2 14 of the United States House of Representatives, the President
2 15 of the United States Senate, and all of the members of Iowa's
2 16 congressional delegation.
2 17 LSB 1758HC 76
2 18 mk/cf/24
Text: HSB00121 Text: HSB00123 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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