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CONCURRENT RESOLUTION
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WHEREAS, The Tenth Amendment to the Constitution of the |
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United States of America reads as follows: "The powers not |
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delegated to the United States by the Constitution, nor prohibited |
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by it to the States, are reserved to the States respectively, or to |
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the people"; and |
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WHEREAS, The Tenth Amendment defines the total scope of |
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federal power as being that specifically granted by the |
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Constitution of the United States of America and no more; and |
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WHEREAS, The scope of power as defined by the Tenth Amendment |
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means that the federal government was created by the states |
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specifically to be an agent of the states; and |
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WHEREAS, Today, in 2017, the states are conversely treated as |
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agents of the federal government, and many federal laws are |
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directly in violation of the Tenth Amendment to the Constitution of |
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the United States of America; and |
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WHEREAS, The Tenth Amendment assures that we, the people of |
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the United States of America, and each sovereign state in the Union |
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of States, now have, and have always had, rights the federal |
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government may not usurp; and |
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WHEREAS, Section 4, Article IV, of the United States |
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Constitution says, in part, "The United States shall guarantee to |
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every State in this Union a Republican Form of Government," and the |
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Ninth Amendment states, "The enumeration in the Constitution, of |
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certain rights, shall not be construed to deny or disparage others |
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retained by the people"; and |
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WHEREAS, Actions taken by previous presidents and by Congress |
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may further violate the Constitution of the United States of |
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America; now, therefore, be it |
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RESOLVED, That the 85th Legislature of the State of Texas |
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hereby claim sovereignty under the Tenth Amendment to the |
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Constitution of the United States of America over all powers not |
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otherwise enumerated and granted to the federal government by the |
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Constitution of the United States of America; and, be it further |
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RESOLVED, That this serve as notice and demand to the federal |
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government, as our agent, to cease and desist, effective |
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immediately, mandates that are beyond the scope of these |
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constitutionally delegated powers; and, be it further |
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RESOLVED, That all compulsory federal legislation or |
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executive action that directs states to comply under threat of |
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civil or criminal penalties or sanctions or that requires states to |
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pass legislation or lose federal funding be prohibited or repealed; |
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and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all members |
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of the Texas delegation to Congress with the request that this |
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resolution be officially entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |