House Concurrent Resolution No. 36



            Whereas, on October 26, 1987, President Ronald Reagan issued Executive Order Number 12612 regarding the division of governmental responsibilities and the fundamental principles of federalism; and

            Whereas, President Reagan's executive order detailed the fundamental principles of federalism reflecting the limited, enumerated powers of the Constitution of the United States approved by the Constitutional Convention of 1787 and ratified by the ninth state on June 21, 1788, along with the Bill of Rights ratified on December 15, 1791; and

            Whereas, the following statements from the executive order reflect the principles of federalism embodied in the Constitution of the United States:

            (1) Federalism is rooted in the knowledge that our political liberties are best assured by limiting the size and scope of the national government;

            (2) The people of the States created the national government when they delegated to it those enumerated governmental powers relating to matters beyond the competence of the individual States;

            (3) The constitutional relationship among sovereign governments, State and national, is formalized in and protected by the Tenth Amendment to the Constitution;

            (4) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives;

            (5) In most areas of governmental concern, the States uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. In Thomas Jefferson's words, the States are "the most competent administrations for our domestic concerns and the surest bulwarks against anti-republican tendencies";

            (6) The nature of our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. In the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues;

            (7) Policies of the national government should recognize the responsibility of - and should encourage opportunities for - individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort;

            (8) In the absence of clear constitutional statutory authority, the presumption of sovereignty should rest with the individual States. Uncertainties regarding the legitimate authority of the national government should be resolved against regulation at the national level; and

            Whereas, in 1998, President Bill Clinton rescinded this executive order; and

            Whereas, the reinstatement of Executive Order Number 12612 is necessary "to restore the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution and to ensure that the principles of federalism established by the Framers guide the Executive departments and agencies in the formulation and implementation" of federal policies:

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fourth General Assembly, Second Regular Session, the Senate concurring therein, hereby encourage President George W. Bush to reinstate Executive Order Number 12612 regarding the division of governmental responsibilities and the fundamental principles of federalism which was issued on October 26, 1987, by President Ronald Reagan, and later rescinded by President Bill Clinton in 1998; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for President George W. Bush.