Proclaim States' Rights
Return to list of Bills

State Sovereignty & States' Rights Patriot Tool

Text of Bill
Utah Bill #SJR004   View details of Bill | Go to Bill Online
UTAH STATE LEGISLATURE S.J.R. 4

STATE SOVEREIGNTY JOINT RESOLUTION

2010 GENERAL SESSION

STATE OF UTAH

Chief Sponsor: Scott K. Jenkins

6
7 LONG TITLE
8 General Description:
9 This joint resolution of the Legislature strongly urges the federal government and
10 United States Congress to repeal and prohibit regulations and laws infringing upon the
11 rights of states under the Tenth Amendment to the United States Constitution.
12 Highlighted Provisions:
13 This resolution:
14 . claims state sovereignty under the Tenth Amendment to the Constitution of the
15 United States over certain powers;
16 . strongly urges the United States Congress and the federal government to repeal
17 regulations and laws that infringe upon the rights of states under the Tenth
18 Amendment; and
19 . strongly urges that the United States Congress and the federal government prohibit
20 future regulations and laws from infringing upon the rights of states under the Tenth
21 Amendment.
22 Special Clauses:
23 None
24
25 Be it resolved by the Legislature of the state of Utah:
26 WHEREAS, the Tenth Amendment to the United States Constitution reads, "The
27 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";

29 WHEREAS, the Tenth Amendment defines the total scope of federal power as being
30 that specifically granted by the United States Constitution and no more;
31 WHEREAS, certain federal actions weaken states' rights protected by the Tenth
32 Amendment to the Constitution of the United States;
33 WHEREAS, the Tenth Amendment assures that we, the people of the United States of
34 America and each sovereign state in the Union of States, now have, and have always had,
35 rights the federal government may not usurp;
36 WHEREAS, Art. IV, Sec. 4, of the Constitution reads, "The United States shall
37 guarantee to every State in this Union a Republican Form of Government";
38 WHEREAS, the Ninth Amendment to the Constitution reads, "The enumeration in the
39 Constitution, of certain rights, shall not be construed to deny or disparage others retained by the
40 people";
41 WHEREAS, the United States Supreme Court has ruled in New York v. United States,
42 S.Ct. 2408 (1992), that the United States Congress may not simply commandeer the legislative
43 and regulatory processes of the states; and
44 WHEREAS, all states find themselves regularly facing proposals from the United
45 States Congress that weaken states' rights protected by the Constitution's Tenth Amendment:
46 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
47 claims sovereignty for the state under the Tenth Amendment to the United States Constitution
48 over all powers not otherwise enumerated and granted to the federal government by the
49 Constitution.
50 BE IT FURTHER RESOLVED that the Legislature of the state of Utah strongly urges
51 the federal government and the United States Congress to immediately repeal and cease and
52 desist from issuing mandates and laws that are beyond the scope of these constitutionally
53 delegated powers.
54 BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of
55 the United States, the Majority Leader of the United States Senate, the Speaker of the United
56 States House of Representatives, the Speaker of the House and the President of the Senate of
57 each state legislature in the United States, and to the members of Utah's congressional
58 delegation.


Return to list of Bills
The information contained in this web site is not official information and is not guaranteed to be accurate. It has been compiled from official records available to the public. To correct inaccuracies in or omissions from the information on this site, please contact us via e-mail.