(failed in committee on 03-04-09 passed committee 04-01-09 failed House vote, 54-34)
State of Arkansas
87th General Assembly
Regular Session, 2009 HCR 1011
By: Representatives Hobbs, Woods, Ragland
HOUSE CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.
SubtitCLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.
WHEREAS, the Tenth Amendment to the Constitution of the United States provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.”; and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the state; and
WHEREAS, today, in 2009, the states are demonstrably treated as agentsof the federal government; and
WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, Article IV, Section 4 of the United States Constitution states in part that “[t]he United States shall guarantee to every State in thisUnion a Republican Form of Government” and the Ninth Amendment to the United States Constitution states that “[t]he enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retainedby the people”; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States,
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN:
THAT the State of Arkansas hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
BE IT FURTHER RESOLVED that this resolution serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.
BE IT FURTHER RESOLVED that it is the position of the State of Arkansas that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation 1 or lose federal funding be prohibited or repealed.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives distribute a copy of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state’s legislature of the United States of America, and each member of the Arkansas Congressional delegation.
(failed in committee on 3-4-09)