PRINTER'S NO.  315

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE RESOLUTION

 

No.

49

Session of

2011

  

  

INTRODUCED BY SWANGER, BAKER, BENNINGHOFF, CALTAGIRONE, CLYMER, D. COSTA, CUTLER, DENLINGER, ELLIS, FLECK, GIBBONS, GOODMAN, GRELL, GROVE, HARRIS, HORNAMAN, KAUFFMAN, KNOWLES, METCALFE, MILNE, MURT, PICKETT, PYLE, RAPP, READSHAW, REESE, REICHLEY, ROAE, SCHRODER, SIMMONS, SONNEY, STERN, TALLMAN, VULAKOVICH, MARSHALL, GABLER AND HESS, FEBRUARY 1, 2011

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2011  

  

  

  

A RESOLUTION

  

1

Claiming sovereignty under the Tenth Amendment to the

2

Constitution of the United States over certain powers,

3

serving notice to the Federal Government to cease and desist

4

certain mandates, providing that certain Federal legislation

5

be prohibited or repealed and directing distribution.

6

WHEREAS, The Tenth Amendment to the Constitution of the

7

United States reads as follows:

8

The powers not delegated to the United States by the

9

Constitution, nor prohibited by it to the States, are

10

reserved to the States respectively, or to the people;

11

and

12

WHEREAS, The Tenth Amendment to the Constitution of the

13

United States defines the total scope of Federal power as being

14

that specifically granted by the Constitution of the United

15

States and no more; and

16

WHEREAS, The scope of power defined by the Tenth Amendment to

17

the Constitution of the United States means that the Federal

- 1 -

 


1

Government was created by the states specifically to be an agent

2

of the states; and

3

WHEREAS, In 2010, the states are demonstrably treated as

4

agents of the Federal Government; and

5

WHEREAS, Many Federal laws are directly in violation of the

6

Tenth Amendment to the Constitution of the United States; and

7

WHEREAS, The Tenth Amendment to the Constitution of the

8

United States assures that the citizens of this nation and each

9

sovereign state in the union of states now have, and have always

10

had, rights that the Federal Government may not usurp; and

11

WHEREAS, Article IV, Section 4 of the Constitution of the

12

United States states, "The United States shall guarantee to

13

every State in this Union a Republican Form of Government," and

14

the Ninth Amendment to the Constitution of the United States

15

states, "The enumeration in the Constitution, of certain rights,

16

shall not be construed to deny or disparage others retained by

17

the people"; and

18

WHEREAS, The United States Supreme Court ruled in New York v.

19

United States, 112 S. Ct. 2408 (1992), that the Congress of the

20

United States may not simply commandeer the legislative and

21

regulatory processes of the states; and

22

WHEREAS, A number of proposals from previous administrations,

23

and some now pending from the present administration and from

24

the Congress of the United States, may further violate the

25

Constitution of the United States; therefore be it

26

RESOLVED, That the Commonwealth of Pennsylvania hereby claim

27

sovereignty under the Tenth Amendment to the Constitution of the

28

United States over all powers not otherwise enumerated and

29

granted to the Federal Government by the Constitution of the

30

United States; and be it further

- 2 -

 


1

RESOLVED, That this resolution serve as Notice and Demand to

2

the Federal Government, as our agent, to cease and desist,

3

effective immediately, mandates that are beyond the scope of

4

these constitutionally delegated powers; and be it further

5

RESOLVED, That all compulsory Federal legislation which

6

directs states to comply under threat of civil or criminal

7

penalties or sanctions, or requires states to pass legislation

8

or lose Federal funding, be prohibited or repealed; and be it

9

further

10

RESOLVED, That a copy of this resolution be distributed to

11

the President of the United States, the President of the United

12

States Senate, the Speaker of the United States House of

13

Representatives, the President of the Senate and the Speaker of

14

the House of Representatives of each state's legislature and to

15

each member of Congress from Pennsylvania.

- 3 -

 


See other bills
under the
same topic