PRINTER'S NO.  133

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE RESOLUTION

 

No.

9

Session of

2011

  

  

INTRODUCED BY FOLMER, ROBBINS, M. WHITE, ORIE, ERICKSON, ALLOWAY, WARD, RAFFERTY, BRUBAKER, EICHELBERGER, WAUGH, ARGALL AND EARLL, JANUARY 12, 2011

  

  

REFERRED TO STATE GOVERNMENT, JANUARY 12, 2011  

  

  

  

A RESOLUTION

  

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Claiming sovereignty under the Tenth Amendment to the

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Constitution of the United States over certain powers,

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serving notice to the Federal Government to cease and desist

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certain mandates; providing that certain Federal legislation

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be prohibited or repealed and directing distribution.

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WHEREAS, The Tenth Amendment to the Constitution of the

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United States reads as follows:

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The powers not delegated to the United States by the

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Constitution, nor prohibited by it to the States, are

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reserved to the States respectively, or to the people;

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and

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WHEREAS, The Tenth Amendment to the Constitution of the

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United States defines the total scope of Federal power as being

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that specifically granted by the Constitution of the United

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States and no more; and

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

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the Constitution of the United States means that the Federal

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Government was created by the states specifically to be an agent

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of the states; and

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WHEREAS, In 2011, the states are demonstrably treated as

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agents of the Federal Government; and

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WHEREAS, Many Federal laws are directly in violation of the

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Tenth Amendment to the Constitution of the United States; and

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WHEREAS, The Tenth Amendment to the Constitution of the

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United States assures that the citizens of this nation and each

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

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

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

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United States states, "The United States shall guarantee to

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

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the Ninth Amendment to the Constitution of the United States

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

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shall not be construed to deny or disparage others retained by

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the people"; and

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

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

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United States may not simply commandeer the legislative and

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regulatory processes of the states; and

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WHEREAS, A number of proposals from previous administrations

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and some now pending from the present administration and from

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the Congress of the United States may further violate the

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Constitution of the United States; therefore be it

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RESOLVED, By the Senate of the Commonwealth of Pennsylvania,

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that the Commonwealth of Pennsylvania hereby claim sovereignty

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under the Tenth Amendment to the Constitution of the United

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States over all powers not otherwise enumerated and granted to

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the Federal Government by the Constitution of the United States;

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and be it further

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RESOLVED, That this resolution serve as Notice and Demand to

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

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effective immediately, mandates that are beyond the scope of

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these constitutionally delegated powers; and be it further

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RESOLVED, That all compulsory Federal legislation which

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directs states to comply under threat of civil or criminal

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penalties or sanctions or requires states to pass legislation or

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lose Federal funding be prohibited or repealed; and be it

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further

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RESOLVED, That a copy of this resolution be distributed to

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

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States Senate, the Speaker of the United States House of

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Representatives, the President of the Senate and the Speaker of

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

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each member of Congress from Pennsylvania.

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