SECOND REGULAR SESSION

House Concurrent Resolution No. 39

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GATSCHENBERGER (Sponsor), MUNZLINGER, NIEVES, LAIR, RUESTMAN, DUSENBERG, SCHIEFFER, DOUGHERTY, McGHEE, GRISAMORE AND WELLS (Co-sponsors).

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            Whereas, the Tenth Amendment to the Constitution of the United States reads as follows: "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 Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

            Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

            Whereas, today, in 2010, the states are demonstrably treated as agents of the federal government; and

            Whereas, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and

            Whereas, the Tenth Amendment ensures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

            Whereas, Section 4, Article IV, of the Constitution says, "The United States shall guarantee to every state in this Union a Republican Form of Government", and the Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; and

            Whereas, the First Amendment to the Constitution guarantees to "the right of the people...to petition the Government for a redress of grievances"; and

            Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

            Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States:

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, Second Regular Session, the Senate concurring therein, hereby claim sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and

            Be it further resolved that this resolution serves as notice and demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and

            Be it further resolved that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation 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 a properly inscribed copies of this resolution for Governor Jay Nixon, requesting that on behalf of the people and the State of Missouri that the Governor join with the governors of the several states in signing a Joint Petition of Right to be prepared and transmitted to President Barack Obama, Vice President Joe Biden as presiding officer of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional delegation.