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Colorado Bill #SJM09 011   View details of Bill | Go to Bill Online

First Regular Session

Sixty-seventh General Assembly

STATE OF COLORADO INTRODUCED

LLS NO. M09-1094.01 Troy Bratton SJM09-011

Committee: State, Veterans & Military Affairs

SENATE SPONSORSHIP:
Lundberg, Cadman, Kopp, Scheffel

HOUSE SPONSORSHIP:
Lambert


SENATE JOINT MEMORIAL 09-011
MEMORIALIZING CONGRESS CONCERNING A CLAIM OF
101 SOVEREIGNTY
102 UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE
103 UNITED STATES OVER CERTAIN POWERS, SERVING NOTICE TO
104 THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN
105 MANDATES, AND PROVIDING THAT CERTAIN FEDERAL
106 LEGISLATION BE PROHIBITED OR REPEALED.

WHEREAS, The Tenth Amendment to the Constitution of the
United States reads as follows: "The 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"; and

WHEREAS, The Tenth Amendment defines the total scope of
federal power as being that specifically granted by the Constitution of the
United States and no more; and

WHEREAS, The scope of power defined by the Tenth
Amendment means that the federal government was created by the states
specifically to be an agent of the states; and

WHEREAS, Today, in 2009, the states are demonstrably treated
as agents of the federal government; and

WHEREAS, Many federal laws are directly in violation of the
Tenth Amendment to the Constitution of the United States; and

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

WHEREAS, Section 4 of article IV of the United States
Constitution says, in part, "The United States shall guarantee to every
state in this Union a republican form of government", and the Ninth
Amendment states that "The enumeration in the constitution of certain
rights shall not be construed to deny or disparage others retained by the
people"; and

WHEREAS, The United States Supreme Court has ruled in New
York v. United States, 112 S. Ct. 2408 (1992), that Congress may not
simply commandeer the legislative and regulatory processes of the states;
and

WHEREAS, A number of proposals from previous administrations
and some now pending from the present administration and from
Congress may further violate the Constitution of the United States; now,
therefore,

Be It Resolved by the Senate of the Sixty-seventh General Assembly
of the State of Colorado, the House of Representatives concurring herein:

(1) That the State of Colorado hereby claims sovereignty under
the Tenth Amendment to the Constitution of the United States over all
powers not otherwise enumerated and granted to the federal government
by the Constitution of the United States.

(2) That this memorial serves as notice and demand to the federal
government, as our agent, to cease and desist, effective immediately,
mandates that are beyond the scope of these constitutionally delegated
powers.

(3) That all compulsory federal legislation that directs states to
comply under threat of civil or criminal penalties or sanctions or requires
states to pass legislation or lose federal funding be prohibited or repealed.
Be It Further Resolved, That copies of this Joint Memorial be
transmitted to the President of the United States, the President of the
United States Senate, the Speaker of the United States House of
Representatives, the Speaker of the House and the President of the Senate
of each state's legislature, and each member of Colorado's congressional
delegation.

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