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Wyoming Bill #HJ0001   View details of Bill | Go to Bill Online
2010 STATE OF WYOMING 10LSO-0057 HJ0001

HOUSE JOINT RESOLUTION NO. HJ0001

Resolution-state sovereignty.
Sponsored by: Representative(s) Brechtel

A Bill for
1 A JOINT RESOLUTION requesting Congress to cease and desist
2 from enacting mandates that are beyond the scope of the
3 enumerated powers granted to Congress by the Constitution
4 of the United States.
5
6 WHEREAS, the Tenth Amendment to the Constitution of the
7 United States reads as follows: "The powers not delegated
8 to the United States by the Constitution, nor prohibited by
9 it to the States, are reserved to the States respectively,
10 or to the people"; and
11
12 WHEREAS, the Tenth Amendment defines the total scope of
13 federal power as being that specifically granted by the
14 Constitution of the United States and no more; and
15

2010 STATE OF WYOMING 10LSO-0057
2 HJ0001

1 WHEREAS, the scope of power defined by the Tenth Amendment
2 means that the federal government was created by the states
3 specifically to be an agent of the states; and
4
5 WHEREAS, today, in 2010, the states are demonstrably
6 treated as agents of the federal government; and
7
8 WHEREAS, many federal laws are directly in violation of the
9 Tenth Amendment to the Constitution of the United States;
10 and
11
12 WHEREAS, the Tenth Amendment assures that we, the people of
13 the United States of America and each sovereign state in
14 the union of states, now have, and have always had, rights
15 the federal government may not usurp; and
16
17 WHEREAS, Section 4, Article IV, of the Constitution says,
18 "The United States shall guarantee to every State in this
19 Union a Republican Form of Government," and the Ninth
20 Amendment states that "The enumeration in the Constitution,
21 of certain rights, shall not be construed to deny or
22 disparage others retained by the people"; and
23

2010 STATE OF WYOMING 10LSO-0057
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1 WHEREAS, the United States supreme court has ruled in New
2 York v. United States, 112 S. Ct. 2408 (1992), that
3 Congress may not simply commandeer the legislative and
4 regulatory processes of the states; and
5
6 WHEREAS, a number of proposals from previous
7 administrations and some now pending from the present
8 administration and from Congress may further violate the
9 Constitution of the United States.
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
12 LEGISLATURE OF THE STATE OF WYOMING:
13
14 Section 1. That the Wyoming Legislature claims
15 sovereignty under the Tenth Amendment to the Constitution
16 of the United States over all powers not otherwise
17 enumerated and granted to the federal government by the
18 Constitution of the United States.
19
20 Section 2. That this resolution serve as notice and
21 demand to the federal government, as our agent, to cease
22 and desist, effective immediately, from enacting mandates
23 that are beyond the scope of these constitutionally
24 delegated powers.

2010 STATE OF WYOMING 10LSO-0057
4 HJ0001

1
2 Section 3. That all compulsory federal legislation
3 that directs states to comply under threat of civil or
4 criminal penalties or sanctions or that requires states to
5 pass legislation or lose federal funding be prohibited or
6 repealed.
7
8 Section 4. That the Secretary of State of Wyoming
9 transmit copies of this resolution to the President of the
10 United States, to the President of the Senate and the
11 Speaker of the House of Representatives of the United
12 States Congress and to the Wyoming Congressional
13 Delegation, with a request that this resolution be
14 officially entered in the congressional record as a
15 memorial to the Congress of the United States of America.
16
17 (END)

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