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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE RESOLUTION |
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| INTRODUCED BY FOLMER, BRUBAKER, ERICKSON, ALLOWAY, ORIE, PICCOLA, WARD, STACK, EARLL, ROBBINS AND WONDERLING, MARCH 19, 2009 |
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| REFERRED TO STATE GOVERNMENT, MARCH 19, 2009 |
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| A RESOLUTION |
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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5 | be prohibited or repealed and directing distribution.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 |
18 | Government was created by the states specifically to be an agent |
19 | of the states; and |
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1 | WHEREAS, In 2009, the states are demonstrably treated as |
2 | agents of the Federal Government; and |
3 | WHEREAS, Many Federal laws are directly in violation of the |
4 | Tenth Amendment to the Constitution of the United States; and |
5 | WHEREAS, The Tenth Amendment to the Constitution of the |
6 | United States assures that the citizens of this nation and each |
7 | sovereign state in the union of states now have, and have always |
8 | had, rights that the Federal Government may not usurp; and |
9 | WHEREAS, Article IV, Section 4 of the Constitution of the |
10 | United States states, "The United States shall guarantee to |
11 | every State in this Union a Republican Form of Government," and |
12 | the Ninth Amendment to the Constitution of the United States |
13 | states, "The enumeration in the Constitution, of certain rights, |
14 | shall not be construed to deny or disparage others retained by |
15 | the people"; and |
16 | WHEREAS, The United States Supreme Court ruled in New York v. |
17 | United States, 112 S. Ct. 2408 (1992), that the Congress of the |
18 | United States may not simply commandeer the legislative and |
19 | regulatory processes of the states; and |
20 | WHEREAS, A number of proposals from previous administrations |
21 | and some now pending from the present administration and from |
22 | the Congress of the United States may further violate the |
23 | Constitution of the United States; therefore be it |
24 | RESOLVED, By the Senate of the Commonwealth of Pennsylvania, |
25 | that the Commonwealth of Pennsylvania hereby claim sovereignty |
26 | under the Tenth Amendment to the Constitution of the United |
27 | States over all powers not otherwise enumerated and granted to |
28 | the Federal Government by the Constitution of the United States; |
29 | and be it further |
30 | RESOLVED, That this resolution serve as Notice and Demand to |
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1 | the Federal Government, as our agent, to cease and desist, |
2 | effective immediately, mandates that are beyond the scope of |
3 | these constitutionally delegated powers; and be it further |
4 | RESOLVED, That all compulsory Federal legislation which |
5 | directs states to comply under threat of civil or criminal |
6 | penalties or sanctions or requires states to pass legislation or |
7 | lose Federal funding be prohibited or repealed; and be it |
8 | further |
9 | RESOLVED, That a copy of this resolution be distributed to |
10 | the President of the United States, the President of the United |
11 | States Senate, the Speaker of the United States House of |
12 | Representatives, the President of the Senate and the Speaker of |
13 | the House of Representatives of each state's legislature and to |
14 | each member of Congress from Pennsylvania. |
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