First Substitute H.R. 7

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RESOLUTION OPPOSING FEDERAL GOVERNMENT
2 ENCROACHMENTS ON RIGHTS OF STATES
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Tammy J. Rowan
6 A RESOLUTION OF THE HOUSE OF REPRESENTATIVES URGING THE PRESIDENT OF
7 THE UNITED STATES AND THE UNITED STATES CONGRESS TO PROTECT AND
8 PRESERVE THE TENTH AMENDMENT TO THE UNITED STATE CONSTITUTION,
9 WHICH HAS BEEN THE FORCE GOVERNING AND BALANCING THE RESPECTIVE
10 POWERS OF THE STATES AND THE FEDERAL GOVERNMENT; AND URGING THE
11 PRESIDENT AND CONGRESS TO SUPPORT S 2156, THE TENTH AMENDMENT
12 ENFORCEMENT ACT, CURRENTLY BEFORE THE UNITED STATES CONGRESS.
13 Be it resolved by the House of Representatives of the state of Utah:
14 WHEREAS the Tenth Amendment to the Constitution of the United States, part of the
15 original Bill of Rights, reads as follows: "The powers not delegated to the United States by the
16 Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the
17 people";
18 WHEREAS it is the sense of the House of Representatives of the state of Utah, acting on
19 behalf of the people of the state of Utah, that the Tenth Amendment was intended to be a
20 substantive limit on the power of the federal government over the states and that it should be so
21 applied by the state and federal courts in deciding questions concerning the exercise of federal
22 authority over the states;
23 WHEREAS the states must look to Congress rather than to the courts for protection from
24 further regulation and intrusion into the power previously recognized by the courts as being
25 specifically reserved to the states by the Constitution;
26 WHEREAS S 2156, the Tenth Amendment Enforcement Act, is a bill currently before the
27 United States Congress that is designed to protect the rights of the states and the people, to

1 strengthen the partnership and the intergovernmental relationship between state and federal
2 governments, and to restrain federal agencies from exceeding their authority;
3 WHEREAS S 2156 would require every piece of federal legislation to state the
4 constitutional authority by which they govern in the area addressed, and if the legislation interferes
5 with state powers or preempts any state or local government law, regulation or ordinance,
6 Congress must make a specific finding that preemption is necessary; and
7 WHEREAS the President of the United States and the Congress should be urged to protect
8 and strengthen the position of the states of our republic, to avoid further intrusion by the federal
9 government upon state prerogatives, and to afford greater protection to the governing authorities
10 of the states:
11 NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the state
12 of Utah urge the President of the United States and the United States Congress to reaffirm the
13 powers originally granted to the states by the Tenth Amendment to the United States Constitution,
14 to protect and strengthen the position of the states in this republic, to avoid further intrusion by the
15 federal government upon state prerogatives, and to afford greater constitutional and statutory
16 autonomy to the governing authorities of the states.
17 BE IT FURTHER RESOLVED that the House of Representatives express support for S
18 2156, the Tenth Amendment Enforcement Act, and strongly urge Congress to pass, and the
19 President to sign, the legislation.
20 BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the
21 United States, the Speaker of the United States House of Representatives, the President of the
22 United States Senate, and to the members of Utah's congressional delegation.

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