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Nevada Bill #AJR 15   View details of Bill | Go to Bill Online
ASSEMBLY JOINT RESOLUTION NO. 15

ASSEMBLYMEN
GOICOECHEA, SETTELMEYER, GRADY, CARPENTER, OHRENSCHALL; CHRISTENSEN, COBB, GANSERT, GOEDHART, GUSTAVSON, HAMBRICK, HARDY, MCARTHUR AND STEWART
MARCH 16, 2009
____________
Referred to Committee on Elections, Procedures, Ethics, and Constitutional Amendments

SUMMARY—Claims sovereignty under the Tenth Amendment to the U.S. Constitution.

ASSEMBLY JOINT RESOLUTION—Claiming sovereignty under the Tenth Amendment of the U.S. Constitution.

WHEREAS,
1 The Tenth Amendment to the Constitution of the
2 United States reads as follows: “The powers not delegated to the
3 United States by the Constitution, nor prohibited by it to the states,
4 are reserved to the states respectively, or to the people”; and

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

8 WHEREAS, The scope of power defined by the Tenth
9 Amendment means that the Federal Government was created by the
10 states specifically to be an agent of the states; and

11 WHEREAS, Today, in 2009, the states are demonstrably treated
12 as agents of the Federal Government; and

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

15 WHEREAS, The Tenth Amendment ensures that we, the people
16 of the United States of America and each sovereign state in the
17 Union of States, now have, and have always had, rights the Federal
18 Government may not usurp; and

WHEREAS,
1 Section 4, Article IV, of the Constitution says, “The
2 United States shall guarantee to every state in this Union a
3 Republican Form of Government,” and the Ninth Amendment states
4 that “The enumeration in the Constitution, of certain rights, shall not
5 be construed to deny or disparage others retained by the people”;
6 and

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

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

15 RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF
16 NEVADA, JOINTLY, That the 75th Legislature of the State of Nevada
17 hereby claim sovereignty under the Tenth Amendment to the
18 Constitution of the United States over all powers not otherwise
19 enumerated and granted to the Federal Government by the
20 Constitution of the United States; and be it further

21 RESOLVED, That this resolution serves as notice and demand to
22 the Federal Government to cease and desist, effective immediately,
23 mandates that are beyond the scope of these constitutionally
24 delegated powers; and be it further

25 RESOLVED, That all compulsory federal legislation that directs
26 states to comply under threat of civil or criminal penalties or
27 sanctions or that requires states to pass legislation or lose federal
28 funding be prohibited or repealed; and be it further

29 RESOLVED, That the Chief Clerk of the Assembly prepare and
30 transmit a copy of this resolution to the President of the United
31 States, the Vice President of the United States as the presiding
32 officer of the Senate and the Speaker of the House of
33 Representatives, and each member of the Nevada Congressional
34 Delegation with the request that this resolution be officially entered
35 in the Congressional Record as a memorial to the Congress of the
36 United States of America.

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