HOUSE JOINT RESOLUTION 2749TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2009INTRODUCED BYDennis J. RochA JOINT RESOLUTIONCLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THECONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS; SERVINGNOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAINMANDATES; PROVIDING THAT CERTAIN FEDERAL LEGISLATION BEPROHIBITED OR REPEALED.WHEREAS, the tenth amendment to the constitution of the United States reads as follows:"The powers not delegated to the United States by the Constitution, nor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."; andWHEREAS, 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; andWHEREAS, 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 states; andWHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; andWHEREAS, many federal laws are directly in violation of the tenth amendment to the constitution of the United States; andWHEREAS, the tenth amendment assures that we, the people of the United States of America and each sovereign state in the union of states, now have, and have always had, rights the federal government may not usurp; andWHEREAS, Article IV, Section 4 of the Constitution of the United States says, "The United States shall guarantee to every State in this Union a Republican Form of Government", and theninth amendment states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; andWHEREAS, the United States supreme court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that congress may not simply commandeer the legislative and regulatory processes of the states; andWHEREAS, 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 LEGISLATURE OF THE STATE OF NEW MEXICO that New Mexico hereby claim 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; andBE 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 arebeyond the scope of these constitutionally delegated powers; andBE IT FURTHER RESOLVED 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 or lose federal funding be prohibited or repealed; andBE IT FURTHER RESOLVED that copies of this resolution be transmitted to the president of the United States, the president of the United States senate, the speaker of the United States house of representatives and the speaker of the house and the president of the senate of each state'slegislature of the United States.
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When the legislature adjourned for this session this bill died in the four committees to which it had been assigned. I have asked Dennis Roch to introduce it in the 2010 session. We will need all hands to get behind this next year.
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