under the 10th Amendment of the Constitution, of course.
In February, a House Concurrent Resolution was filed (HCR 50) to declare that the federal government has acted unconstitutionally by impeding Texas’ right to sovereignty under all things not otherwise covered in the Constitution.
Bill text, as originally introduced:
By: Creighton H.C.R. No. 50
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”;
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 states; and
WHEREAS, Today, in 2009, the states are demonstrably treated
as agents of the federal government; and
WHEREAS, Many federal laws are directly in violation of the
Tenth Amendment to the Constitution of the United States; and
WHEREAS, 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; and
WHEREAS, Section 4, Article IV, of the Constitution says,
“The United States shall guarantee to every State in this Union a
Republican Form of Government,” and the Ninth Amendment states that
“The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people”;
WHEREAS, 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
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, That the 81st Legislature of the State of Texas
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 further
RESOLVED, That this 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 further
RESOLVED, That all compulsory federal legislation that
directs states to comply under threat of civil or criminal
penalties or sanctions or that requires states to pass legislation
or lose federal funding be prohibited or repealed; and, be it
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the president of the United States, to
the speaker of the house of representatives and the president of the
senate of the United States Congress, and to all the members of the
Texas delegation to the congress with the request that this
resolution be officially entered in the Congressional Record as a
memorial to the Congress of the United States of America.
This measure, in as far as it says, I’m personally fine with it. The 10th Amendment of the Constitution is important and if any one or more of the States feel that their rights under the 10th are not being respected, they should speak up about it.
But, why is this all of the sudden news? The bill was filed in February and nothing has happened with it since that date, except a public hearing is scheduled on April 21st. Governor Rick Perry made a big announcement to the press, in support of the bill. Fine, let him do it.
This has, however, led to talk of seceding from the Union. Seriously? I’m truly more pro-Texan than the next guy. I love our Texas history. I celebrate Texas Independent Day. But, leaving the United States? Are things really that bad?
Of course not.
I’m glad that we’re not in the middle of our constitutionally-limited 140-day-every-other-year legislative session when there’s a million-and-one things to discuss and decide. Oh wait, yeah, we are.
What the hell? Seriously? We’re in the worst economic time of my young little life. We have large problems locally, with everything from traffic to drugs to immigration to school finance to job creation to medical coverage for youth and old and more to develop solutions, discuss, agree and decide to do–all of which must be finished in a month and a half–so we’re instead going to dedicate ink and thought to leaving the United States?
I suppose we won’t have to worry about Governor Perry running for President of the United States in 2012 since he may end up not being a citizen by the time that day comes.