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        |  | CONCURRENT RESOLUTION | 
      
        |  | WHEREAS, Each member of the legislature has sworn a solemn | 
      
        |  | oath to defend our United States and Texas Constitutions and takes | 
      
        |  | great pride in being a citizen of the United States of America, | 
      
        |  | where citizens have the right to petition their government for | 
      
        |  | redress of grievances; and | 
      
        |  | WHEREAS, Section 1, Article I, Texas Constitution, states | 
      
        |  | that "the perpetuity of the Union depend[s] upon the preservation | 
      
        |  | of the right of local self-government, unimpaired to all the | 
      
        |  | States"; Section 2, Article I, declares, "All political power is | 
      
        |  | inherent in the people, and all free governments are founded on | 
      
        |  | their authority, and instituted for their benefit.  The faith of the | 
      
        |  | people of Texas stands pledged to the preservation of a republican | 
      
        |  | form of government, and, subject to this limitation only, they have | 
      
        |  | at all times the inalienable right to alter, reform or abolish their | 
      
        |  | government in such manner as they may think expedient"; and | 
      
        |  | WHEREAS, The Tenth Amendment to the Constitution of the | 
      
        |  | United States of America 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 to the Constitution of the | 
      
        |  | United States of America defines the total scope of federal power as | 
      
        |  | being that specifically granted by the Constitution of the United | 
      
        |  | States of America and no more; and | 
      
        |  | WHEREAS, The Tenth Amendment to the Constitution of the | 
      
        |  | United States of America means that the federal government was | 
      
        |  | created by the states specifically to be an agent of the states with | 
      
        |  | powers both limited and enumerated; and | 
      
        |  | WHEREAS, Today, in 2015, the states are demonstrably treated | 
      
        |  | as agents of the federal government; and | 
      
        |  | WHEREAS, Many powers assumed by the federal government as | 
      
        |  | well as federal laws and mandates are in direct violation of the | 
      
        |  | Tenth Amendment to the Constitution of the United States of | 
      
        |  | America; and | 
      
        |  | WHEREAS, The Tenth Amendment assures that we, the people of | 
      
        |  | the United States of America and each sovereign state in the Union | 
      
        |  | of States, have always had rights that 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, | 
      
        |  | "The enumeration in the Constitution, of certain rights, shall not | 
      
        |  | be construed to deny or disparage others retained by the people"; | 
      
        |  | and | 
      
        |  | WHEREAS, The United States Supreme Court has ruled in | 
      
        |  | New York v. United States, 505 U.S. 144 (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 pending with the present administration, as well as from | 
      
        |  | Congress, may further violate the Constitution of the United States | 
      
        |  | of America; now, therefore, be it | 
      
        |  | RESOLVED, That the 84th Legislature of the State of Texas | 
      
        |  | hereby claim sovereignty under the Tenth Amendment to the | 
      
        |  | Constitution of the United States of America over all powers not | 
      
        |  | otherwise enumerated and granted to the federal government by the | 
      
        |  | Constitution of the United States of America; and, be it further | 
      
        |  | RESOLVED, That this serve as notice and demand that the | 
      
        |  | federal government, as our agent, halt and reverse, effective | 
      
        |  | immediately, its practice of assuming powers and imposing mandates | 
      
        |  | and laws upon the states for purposes not enumerated by the | 
      
        |  | Constitution of the United States of America; and, be it further | 
      
        |  | RESOLVED, That all compulsory federal legislation not | 
      
        |  | necessary to ensure rights guaranteed the people under the | 
      
        |  | Constitution of the United States 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 and repealed; and, be it further | 
      
        |  | RESOLVED, That the Texas secretary of state forward official | 
      
        |  | copies of this resolution to the president of the United States, to | 
      
        |  | the president of the Senate and the speaker of the House of | 
      
        |  | Representatives of the United States Congress, and to all members | 
      
        |  | of the Texas delegation to Congress with the request that this | 
      
        |  | resolution be officially entered in the Congressional Record as a | 
      
        |  | memorial to the Congress of the United States of America. |