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Colorado Bill #HJR10-1009   View details of Bill | Go to Bill Online
Second Regular Session
Sixty-seventh General Assembly

STATE OF COLORADO

INTRODUCED
LLS NO. R10-0299.01 Holly Mandis HJR10-1009

Assigned House Judiciary Committee
Assigned House State, Veterans, & Military Affairs Committee

HOUSE JOINT RESOLUTION 10-1009
CONCERNING THE STATE OF COLORADO'S SOVEREIGNTY UNDER THE
TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED
STATES OVER ALL POWERS NOT GRANTED TO THE FEDERAL
GOVERNMENT AND NOT PROHIBITED TO THE STATES.

1 WHEREAS, The Tenth Amendment to the Constitution of the
2 United States reads: "The powers not delegated to the United States by
3 the constitution, nor prohibited by it to the states, are reserved to the states
4 respectively, or to the people"; and
5 WHEREAS, The Tenth Amendment provides that powers not
6 granted to the federal government nor prohibited to the states are reserved
7 to the states and to the people, limits the scope of federal power, and
8 prescribes that the federal government was created by the states
9 specifically to be an agent of the states; however, the states are currently
10 treated as agents of the federal government; and
11 WHEREAS, In the American system, sovereignty is defined as the
12 final authority, the people, not the government, are sovereign, and all
13 power not delegated by
1 the people to government is retained; and

2 WHEREAS, Powers have been exercised, past and present, by
3 federal administrations, and under the leadership of both Democrats and
4 Republicans, that infringe on the sovereignty of the people of this state in
5 violation of the Constitution of the United States; and

6 WHEREAS, The United States Supreme Court has ruled that the
7 United States Congress may not commandeer the legislative and
8 regulatory processes of the states; and

9 WHEREAS, The Tenth Amendment assures that we, the people of
10 the United States of America and each sovereign state in the Union of
11 States, now have, and have always had, rights that the federal government
12 may not usurp; and

13 WHEREAS, Because health care rights are not guaranteed or
14 enumerated in the Constitution of the United States, decisions on how to
15 best administer health care programs should be left to the individual
16 states; and

17 WHEREAS, The citizens and legislators of Colorado know their
18 state's needs better than the federal government, can develop a better plan
19 for management of health care in our state than what is in the current
20 proposed federal health care legislation, and need to be able to make our
21 own decisions regarding what is in the best interests of this state; and

22 WHEREAS, The health care legislation that the federal
23 government is proposing is in violation of state sovereignty and the states'
24 right to determine their own management of health care; and

25 WHEREAS, Certain components of the proposed federal health
26 care legislation, such as taxation of higher-cost health care plans, are an
27 affront to an individual's right to self-determination; and

28 WHEREAS, Higher-cost health care plans are used by many
29 citizens, including those who have preexisting conditions, disabilities, and
30 chronic illnesses; disabled veterans; the elderly; employees of small
31 businesses; and those in dangerous professions such as firefighting and
32 coal mining; and

33 WHEREAS, Restricting and singling out these types of plans is a
34 violation of an individual's right to determine the health care decisions
35 that are best for the individual and the individual's family and is in
36 conflict with current state policies; and

37 WHEREAS, Under the Tenth Amendment to the Constitution of
38 the United States, Colorado reserves the right not to be subjected to or
39 required to participate in new proposed federal health legislation; now,
40 therefore,

41 Be It Resolved by the House of Representatives of the Sixty-seventh
42 General Assembly of the State of Colorado, the Senate concurring herein:
1 That we, the citizens of the State of Colorado and the members 1 ers of
2 the Colorado General Assembly, hereby:
3 (1) Affirm Colorado's sovereignty under the Tenth Amendment
4 to the Constitution of the United States over all powers not granted to the
5 federal government and not prohibited to the states;
6 (2) Demand that the federal government, as Colorado's agent,
7 cease and desist immediately all actions that are beyond the scope of the
8 federal government's constitutionally delegated powers;
9 (3) Reserve the opportunity and ability of the State of Colorado
10 and its citizens, under the state's and the people's Tenth Amendment
11 rights, to opt out of any obligations due or participation required in any
12 new federal health care legislation; and
13 (4) Further reserve the right to approve or reject the State of
14 Colorado's participation in any federal health care plan or program, either
15 by a vote of the people or by vote of the members of the Colorado
16 General Assembly.

17 Be It Further Resolved, That copies of this Joint Resolution be sent
18 to Governor Bill Ritter, President Barack Obama, United States Senate
19 Majority Leader Harry Reid, United States House of Representatives
20 Speaker Nancy Pelosi, and the members of Colorado's Congressional
21 Delegation.

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