FIRST REGULAR SESSION

House Concurrent Resolution No. 29

95TH GENERAL ASSEMBLY

1942L.01I

            Whereas, the text of the Tenth Amendment to the Constitution of the United States is: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"; and

            Whereas, the powers delegated to the United States do not include the power to require any city other than the District of Columbia to maintain arbitrary standards on the quality of its sewer system; and

            Whereas, the Congress of the United States has violated the Tenth Amendment to the United States Constitution by passing a law ultimately requiring that the City of St. Joseph, Missouri, must upgrade its sewer system to an arbitrary standard at a cost to the people of St. Joseph of over half a billion dollars, or be subject to sanction; and

            Whereas, other cities in Missouri are similarly being required by the federal government to spend outrageously large sums to repair their sewer systems to arbitrary standards; and

            Whereas, the flow of water into rivers caused by rainfall is beyond the power of man to control completely, and beyond the power to regulate given to Congress by Article I, Section 8 of the Constitution of the United States under the guise of regulation of interstate commerce; and

            Whereas, the enormity of the burden thrust upon St. Joseph and the other cities of Missouri threatened with sanction if they do not yield to Congress' arbitrary sewer standard is so great that the well-being of the people will be irreparably damaged as they will be forced to struggle for up to a century to pay the burdensome cost required; and

            Whereas, according to the Declaration of Independence, governments are instituted among men, deriving their just powers from the consent of the governed - that whenever any form of government becomes destructive of these ends, it is the right of the people to alter it:

            Now, therefore, be it resolved by the members of the House of Representatives of the Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein, that:

            (1) The State of Missouri hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over the power to regulate the sewer systems located within its borders; and

            (2) This Resolution serves as notice and demand to the federal government to cease and desist, effective immediately, mandates on the various cities to maintain any standards regarding sewer systems; and

            (3) Federal legislation directing states to comply with sewer standards under threat of civil or criminal penalties or requiring states to pass legislation enacting such standards or lose federal funding be prohibited or repealed; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Barack Obama, President of the United States; the President of the United States Senate; the Speaker of the United States House of Representatives; the Speaker of the House and President of the Senate of each state's legislature; and each member of the Missouri Congressional delegation.

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