House Concurrent Resolution 6 - Introduced

PAG LIN

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


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