Pennsylvania State Sovereignty Resolution (senate resolution introduced 03-19-09)

2009D03338 03338DMS:BTW 2/25/09 #82(senate resolution introduced 03-19-09)A CONCURRENT RESOLUTIONClaiming Sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers, serving notice to the Federal Government to cease and desist certain mandates; providing that certain Federal legislation be prohibited or repealed and directing distribution.WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows:The powers not delegated to the Untied States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 to the Constitution of the United States defines the total scope of Federal power as being that specifically granted by the Constitution of the Untied States and no more; andWHEREAS, The scope of power defined by the Tenth Amendment to the Constitution of the United States means that the Federal Government was created by the states specifically to be an agent of the states; andWHEREAS, 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 to the Constitution of the United States assures that the citizens of this nation and each sovereign state in the union of states now have, and have always had, rights that the Federal Government many not usurp; andWHEREAS, Article IV, Section 4 of the Constitution of the United States states, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment to the Constitution of the United States states, "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 rules in New York v. United States, 112 S. Ct. 2408 (1992), that the Congress of the United States 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 the Congress of the United States may further violate the Constitution of the United States; therefore be itRESOLVED (the Senate concurring), That the General Assembly of the Commonwealth of Pennsylvania, on behalf of the Commonwealth, 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; and be it furtherRESOLVED, 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; and be it furtherRESOLVED, That all compulsory Federal legislation which 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; and be it furtherRESOLVED, That a copy of this resolution be distributed to the President of the United States, The President of the States Senate, the Speaker of the United States House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature and to each member of Congress from Pennsylvania.