HJR 16: Relating to mandates imposed on the states by the federal government.

00 HOUSE JOINT RESOLUTION NO. 16 01 Relating to mandates imposed on the states by the federal government. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS the Tenth Amendment to the Constitution of the United States states: 04 "The powers not delegated to the United States by the 05 Constitution, nor prohibited by it to the States, are reserved to 06 the States respectively, or to the people."; and 07 WHEREAS the Tenth Amendment defines the total scope of federal power as being 08 that specifically granted by the United States Constitution and no more; and 09 WHEREAS the scope of power defined by the Tenth Amendment means that the 10 federal government was created by the states specifically to assume the responsibility for 11 exercising certain powers on behalf of the union as a whole, including the responsibility to 12 provide the funding needed to carry out those powers; and 13 WHEREAS, today, the states are demonstrably treated as tools of the federal 14 government used to carry out federal policy while bearing the costs of that policy; and

01 WHEREAS many federal mandates are directly in violation of the Tenth Amendment; 02 and 03 WHEREAS the United States Supreme Court has ruled in New York v. United States, 04 112 S.Ct. 2408 (1992), that the Congress may not simply commandeer the legislative 05 processes of the states; and 06 WHEREAS a number of proposals now pending before the Congress may further 07 violate the Tenth Amendment of the United States Constitution; and 08 WHEREAS numerous resolutions addressing various mandates imposed on the states 09 by federal law have been sent to the federal government by the Alaska State Legislature 10 without any response or result; 11 BE IT RESOLVED that the Alaska State Legislature hereby claims sovereignty under 12 the Tenth Amendment to the Constitution of the United States over all powers not otherwise 13 enumerated and granted to the federal government by that constitution; and be it 14 FURTHER RESOLVED that this resolution serves as notice and demand to the 15 federal government to cease and desist, effective immediately, imposing mandates on the states 16 that are beyond the scope of its constitutionally delegated powers. 17 COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the 18 United States; the Honorable Al Gore, Jr., Vice-President of the United States and President 19 of the U.S. Senate; the Honorable Strom Thurmond, President Pro Tempore of the U.S. 20 Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; to the 21 Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the 22 Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; 23 and to the governor of each of Alaska's sister states.