84R3165 JGH-D
 
  By: Creighton S.C.R. No. 1
 
 
 
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.