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HJR003 Resolution Text:
Joint Resolution urging the federal government to acknowledge the sovereignty of the State of Utah under the 10th Amendment of the United States Constitution over all powers not enumerated and granted to the Federal Government by the Constitution; and to cease the imposition of mandates on the states that are beyond the scope of its authority under the 10th amendment to the Constitution of the United States.
Be it resolved by the Legislature of the state of Utah;
Whereas the 10th 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."
Whereas the 10th Amendment defines the scope of federal power as being that specifically granted by the United States Constitution and no more;
Whereas the scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states;
Whereas today, in 1995 the states are in fact treated as agents of the federal government;
Whereas numerous resolutions have been forwarded to the federal government by the Utah Legislature without any response or result from Congress or the federal government;
Whereas many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States;
Whereas the vice President of the United States in the Report of the National Performance Review has recommended that unfunded mandates imposed from Washington, D.C. be cut, That Congress refrain from imposing new mandates; and that an executive order be issued to limit the use of unfunded mandates on legislative proposals, regulations, and policies, and to narrow the circumstances under which federal departments and agencies may impose new mandates;
Whereas the United States Supreme Court has ruled in New York v. United States, 112 S. Cr. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
Whereas a number of proposals now pending from the present administration and from Congress would further violate the United States Constitution.
Now, Therefore, Be It Resolved that the Legislature of the state of Utah strongly urge the federal government, as their agent of the state, to acknowledge the sovereignty of the state of Utah under the 10th Amendment to the Constitution of the United States over all other powers not otherwise enumerated and granted to the federal government by the United States Constitution, including at least the sovereignty over its people and its natural resources;
Be It Further Resolved that the Legislature strongly urge the federal government to cease issuing mandates that are beyond the scope of its authority under the 10th Amendment to the Constitution of the United States;
Be It Further Resolved that copies of this resolution be sent to the President of the United States, the Speaker of the House of Representatives, the congressional delegation, the President of the United States Senate, and the legislature of each state.
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