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Louisiana Bill #SC 2   View details of Bill | Go to Bill Online
SLS 09RS-243 ORIGINAL

Regular Session, 2009

SENATE CONCURRENT RESOLUTION NO. 2

BY SENATOR CROWE

CONGRESS. Memorializes Congress to affirm Louisiana's sovereignty under the Tenth
Amendment of the Constitution of the United States of America and to demand that the
federal government halt its practices of assuming powers and imposing mandates upon the
states for purposes not enumerated by the Constitution of the United States of America.

1 A CONCURRENT RESOLUTION
2 To memorialize the Congress of the United States of America to affirm Louisiana's
3 sovereignty under the Tenth Amendment to the Constitution of the United States of
4 America and to demand that the federal government halt the practice of assuming
5 powers and imposing mandates upon the states for purposes which are not
6 enumerated by the Constitution of the United States of America.

7 WHEREAS, the Tenth Amendment to the Constitution of the United States of
8 America reads as follows: "The powers not delegated to the United States by the
9 Constitution, nor prohibited by it to the states are reserved to the states respectively, or to
10 the people"; and

11 WHEREAS, the Tenth Amendment to the Constitution of the United States of
12 America defines the total scope of federal power as being that specifically granted to the
13 Constitution of the United States of America and no more; and

14 WHEREAS, the Tenth Amendment to the Constitution of the United States of
15 America means that the federal government was created by the states specifically to be an
16 agent of the states; and

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

1 WHEREAS, many powers assumed by the federal government as well as federal
2 mandates are in direct violation of the Tenth Amendment to the Constitution of the United
3 States of America; and

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

7 WHEREAS, a number of proposals from previous administrations and some pending
8 with the present administration as well as from Congress may further violate the Constitution
9 of the United States of America.

10 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes
11 the Congress of the United States of America that the legislature affirms Louisiana's
12 sovereignty under the Tenth Amendment to the Constitution of the United States of America
13 over all powers not otherwise enumerated and granted to the federal government by the
14 Constitution of the United States of America.

15 BE IT FURTHER RESOLVED that the Legislature of Louisiana also demands that
16 the federal government halt and reverse its practice of assuming powers and imposing
17 mandates upon the states for purposes not enumerated by the Constitution of the United
18 States of America.

19 BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
20 to the secretary of the United States Senate and the clerk of the United States House of
21 Representatives and to each member of the Louisiana delegation to the United States
22 Congress and to the president of the United States of America and to the governor of
23 Louisiana.



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