HR 9: Relating to sovereign powers of the state.
00 HOUSE RESOLUTION NO. 9 01 Relating to sovereign powers of the state. 02 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: 03 WHEREAS the Tenth Amendment to the Constitution of the United States reads, 04 "The powers not delegated to the United States by the Constitution, nor prohibited by it to the 05 States, are reserved to the States respectively, or to the people"; and 06 WHEREAS the Tenth Amendment defines the total scope of federal power as being 07 that specifically granted by the Constitution of the United States and no more; and 08 WHEREAS the scope of power defined by the Tenth Amendment means that the 09 federal government was created by the states specifically to be an agent of the states; and 10 WHEREAS some federal actions weaken states' rights protected by the Tenth 11 Amendment to the Constitution of the United States; and 12 WHEREAS the Tenth Amendment assures that we, the people of the United States of 13 America and each sovereign state in the Union of States, now have, and have always had, 14 rights the federal government may not usurp; and 15 WHEREAS art. IV, sec. 4, Constitution of the United States, reads, "The United 16 States shall guarantee to every State in this Union a Republican Form of Government," and
01 the Ninth Amendment to the Constitution of the United States reads, "The enumeration in the 02 Constitution, of certain rights, shall not be construed to deny or disparage others retained by 03 the people"; and 04 WHEREAS the United States Supreme Court has ruled in New York v. United States, 05 112 S.Ct. 2408 (1992), that the United States Congress may not simply commandeer the 06 legislative and regulatory processes of the states; and 07 WHEREAS all states, including Alaska, find themselves regularly facing proposals 08 from the United States Congress that weaken states' rights protected by the Tenth 09 Amendment; 10 BE IT RESOLVED that the House of Representatives hereby claims sovereignty for 11 the state under the Tenth Amendment to the Constitution of the United States over all powers 12 not otherwise enumerated and granted to the federal government by the Constitution of the 13 United States; and be it 14 FURTHER RESOLVED that this resolution serves as Notice and Demand to the 15 federal government, as our agent, to cease and desist, effective immediately, mandates that are 16 beyond the scope of these constitutionally delegated powers; and be it 17 FURTHER RESOLVED that all compulsory federal legislation that directs states to 18 comply under threat of civil or criminal penalties or sanctions or requires states to pass 19 legislation or lose federal funding be prohibited or repealed. 20 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 21 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and 22 President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House of 23 Representatives; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S. 24 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska 25 delegation in Congress; and all other members of the 111th United States Congress.