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HOUSE CONCURRENT RESOLUTION
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WHEREAS, Each Member of the Legislature feels great pride in |
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being a citizen of the United States of America, which includes the |
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right of citizens to petition their government for redress of |
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grievances; and |
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WHEREAS, All Texans have benefited from this state's |
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participation in the unique experience in democracy that first |
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began on a field in Lexington, Massachusetts, and called the United |
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States of America; and |
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WHEREAS, Countless Texans have served in the Armed Forces of |
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the United States with the brave sons and daughters of all our |
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sister states to protect our state, our nation, and our union, and |
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many of them gave the last full measure of devotion by offering |
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their lives to preserve that union; and |
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WHEREAS, Each member of the legislature has sworn a solemn |
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oath to defend our national union; and |
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WHEREAS, Each day, millions of Texans assemble in churches, |
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synagogues, schools, arenas, fields, and homes to pledge allegiance |
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to the flag of the United States of America and the one nation, |
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indivisible, for which that flag stands; and |
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WHEREAS, The Tenth Amendment to the Constitution of the |
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United States reads as follows: "The powers not delegated to the |
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United States by the Constitution, nor prohibited by it to the |
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States, are reserved to the States respectively, or to the people"; |
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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 and no more; and |
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WHEREAS, The scope of power 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 2009, the states are demonstrably treated |
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as agents of the federal government; and |
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WHEREAS, Many federal laws are directly in violation of the |
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Tenth Amendment to the Constitution of the United States; 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 Constitution says, |
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"The United States shall guarantee to every State in this Union a |
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Republican Form of Government," and the Ninth Amendment states that |
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"The enumeration in the Constitution, of certain rights, shall not |
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be construed to deny or disparage others retained by the people"; |
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and |
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WHEREAS, The United States Supreme Court has ruled in New |
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York v. United States, 112 S. Ct. 2408 (1992), that the Congress of |
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the United States may not simply commandeer the legislative and |
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regulatory processes of the states; and |
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WHEREAS, A number of proposals from previous administrations |
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and some now pending from the present administration and from |
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congress may further violate the Constitution of the United States; |
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now, therefore, be it |
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RESOLVED by the house of representatives, the senate |
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concurring, That the 81st Legislature of the State of Texas |
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reaffirms the pride of all Texans in both our one and indivisible |
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national union and in our one and indivisible state and the common |
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heritage of both; and, be it further |
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RESOLVED, That the 81st 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 over all powers not otherwise |
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enumerated and granted to the federal government by the |
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Constitution of the United States; 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 not |
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necessary to ensure rights guaranteed the people under the |
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Constitution of the United States that directs states to comply |
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under threat of civil or criminal penalties or sanctions or that |
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requires states to pass legislation or lose federal funding be |
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prohibited or repealed; and, be it further |
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RESOLVED, That the chief clerk of the House of |
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Representatives is directed to send a copy of this resolution to the |
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senators and representatives of Texas in Congress with the request |
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that this resolution be officially entered in the Congressional |
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Record as a memorial to the Congress of the United States of |
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America; and, be it further |
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RESOLVED, That the chief clerk of the House of |
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Representatives is directed to send a copy of this resolution to the |
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President of the United States of America, the Vice President of the |
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United States of America, the Speaker of the House of |
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Representatives of the United States of America, the minority |
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leader of the House of Representatives, and the minority leader of |
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the Senate, and to the governor of each sister state as an |
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expression of the affection of the people of Texas for our one |
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national and indivisible union. |