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Arkansas Bill #HR 1011   View details of Bill | Go to Bill Online

State of Arkansas As Engrossed: H4/2/01 9
2 87th General Assembly
3 Regular Session, 2009 HCR 1011
4
5 By: Representatives Hobbs, Woods, Ragland, Barnett, Hopper
6 By: Senator Altes
7
8
9 HOUSE CONCURRENT RESOLUTION
10 CLAIMING STATES' RIGHTS UNDER THE TENTH AMENDMENT
11 TO THE CONSTITUTION OF THE UNITED STATES.
12
13 Subtitle
14 CLAIMING STATES' RIGHTS UNDER THE TENTH
15 AMENDMENT TO THE CONSTITUTION OF THE
16 UNITED STATES.
17
18
19 WHEREAS, the Tenth Amendment to the Constitution of the United States
20 provides that “[t]he powers not delegated to the United States by the
21 Constitution, nor prohibited to it by the States, are reserved to the States
22 respectively, or to the people.”; and
23
24 WHEREAS, the Tenth Amendment defines the total scope of federal power
25 as being that specifically granted by the Constitution of the United States;
26 and
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28 WHEREAS, the scope of power defined by the Tenth Amendment means that
29 the federal government was created by the states specifically to be an agent
30 of the states; and
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32 WHEREAS, today, in 2009, the states are demonstrably treated as agents
33 of the federal government; and
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1 WHEREAS, the United States Supreme Court has ruled in New York 1 k v.
2 United States, 505 U.S. 144 (1992), that Congress may not simply commandeer
3 the legislative and regulatory processes of the states; and
4
5 WHEREAS, a number of proposals from previous administrations and some
6 now pending from the present administration and from Congress may further
7 violate the Constitution of the United States,
8
9 NOW THEREFORE,
10 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL
11 ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN:
12
13 THAT the State of Arkansas hereby claims rights under the Tenth
14 Amendment to the Constitution of the United States over all powers not
15 otherwise enumerated and granted to the federal government by the
16 Constitution of the United States.
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18 BE IT FURTHER RESOLVED that this resolution serve as a request to the
19 federal government, as our agent, to refrain from mandates that are beyond
20 the scope of these constitutionally delegated powers.
21
22 BE IT FURTHER RESOLVED that the clerk of the House of Representatives
23 distribute a copy of this resolution to the President of the United States,
24 the President of the United States Senate, the Speaker of the United States
25 House of Representatives, the Speaker of the House and the President of the
26 Senate of each state’s legislature of the United States of America, and each
27 member of the Arkansas Congressional delegation.
28
29 /s/ Hobbs
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