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Mississippi Bill #HC 69   View details of Bill | Go to Bill Online
H. C. R. No. 69

Rules Committee

MISSISSIPPI LEGISLATURE REGULAR SESSION 2009

By: Representatives Palazzo, Aldridge, Mims, Bennett, Ellington, Formby, Frierson, Janus, Moore, Zuber, Baker (74th), Bell, Byrd, Campbell, Chism, Currie, Fillingane, Gipson, Guice, Gunn, Hamilton (109th), Ishee, Monsour, Nicholson, Nowell, Pigott, Snowden, Staples, Stevens, Upshaw, Denny

HOUSE CONCURRENT RESOLUTION NO. 69

A CONCURRENT RESOLUTION REINFORCING THE FUNDAMENTAL PRINCIPLE
1 AND AUTHORITY OF STATE SOVEREIGNTY UNDER THE TENTH AMENDMENT TO
2 THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND
3 DISCOURAGING THE FEDERAL GOVERNMENT FROM IMPOSING CERTAIN
4 RESTRICTIVE MANDATES.

5 WHEREAS, the Tenth Amendment to the Constitution of the
6 United States reads: "The powers not delegated to the United
7 States by the Constitution, nor prohibited by it to the States,
8 are reserved to the States respectively, or to the people"; and

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

12 WHEREAS, Federalism is the constitutional division of powers
13 between the national and state governments and is widely regarded
14 as one of America's most valuable contributions to political
15 science; and

16 WHEREAS, James Madison, "the Father of the Constitution,"
17 said, "The powers delegated to the federal government are few and
18 defined. Those which are to remain in the state governments are
19 numerous and indefinite. The former will be exercised principally
20 on external objects, such as war, peace, negotiation, and foreign
21 commerce. The powers reserved to the several states will extend
22 to all the objects which, in the ordinary course of affairs,
23 concern the lives, liberties, and properties of the people"; and

24 WHEREAS, Thomas Jefferson emphasized that the states are not
25 "subordinate" to the national government, but rather the two are
26 "coordinate departments of one simple and integral whole. The one
27 is the domestic, the other the foreign branch of the same
28 government"; and

29 WHEREAS, Alexander Hamilton expressed his hope that "the
30 people will always take care to preserve the constitutional
31 equilibrium between the general and the state governments." He
32 believed that "this balance between the national and state
33 governments forms a double security to the people. If one
34 government encroaches on their rights, they will find a powerful
35 protection in the other. Indeed, they will both be prevented from
36 overpassing their constitutional limits by the certain rivalship
37 which will ever subsist between them"; and

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

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

43 WHEREAS, many federal mandates appear to be in violation of
44 the Tenth Amendment to the Constitution of the United States, and
45 the United States Supreme Court's ruling in New York v. United
46 States, 112 S. Ct. 2408 (1992), stated that Congress may not
47 simply "commandeer the legislative and regulatory processes of the
48 States by directly compelling them to enact and enforce a federal
49 regulatory program"; and

50 WHEREAS, the Supreme Court in that case went on to express
51 that, "No matter how powerful the federal interest involved, the
52 Constitution simply does not give Congress the authority to
53 require the States to regulate. The Constitution instead gives
54 Congress the authority to regulate matters directly and to
55 pre-empt contrary state regulation. Where a federal interest is
56 sufficiently strong to cause Congress to legislate, it must do so
57 directly; it may not conscript state governments as its agents";
58 and

59 WHEREAS, a number of proposals from previous administrations
60 and some now pending from the present administration and from
61 Congress may further violate the Constitution of the United
62 States; and

63 WHEREAS, it is incumbent upon the Mississippi Legislature, as
64 an agent for the people of the State of Mississippi, to remind the
65 federal government to act only in ways that will ensure the
66 protection and preservation of constitutional rights granted to
67 each state in the framework of the Constitution of the United
68 States as crafted by our nation's founding fathers, so as not to
69 deny each state the enumerated right of self-governance without an
70 over-reaching arm of federal government mandates and implications:

71 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
72 REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING
73 THEREIN, That the State of Mississippi hereby reinforces the
74 fundamental principles and authority of state sovereignty under
75 the Tenth Amendment to the Constitution of the United States over
76 all powers not otherwise enumerated and granted to the federal
77 government by the Constitution of the United States and discourage
78 the federal government, as our agent, from imposing certain
79 restrictive mandates that are beyond the scope of these
80 constitutionally delegated powers.

81 BE IT FURTHER RESOLVED, That copies of this resolution be
82 furnished to the President of the United States, the President of
83 the United States Senate, the Speaker of the United States House
84 of Representatives, each member of the Mississippi Congressional
85 Delegation and to the members of the Capitol Press Corps.
86

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