H.R. 7 Enrolled

RESOLUTION OPPOSING FEDERAL GOVERNMENT
ENCROACHMENTS ON RIGHTS OF STATES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Tammy J. Rowan
Lowell A. Nelson
David L. Zolman
David L. Gladwell
Joseph G. Murray
Nora B. Stephens
Glenn Way
Katherine Bryson
Margaret Dayton
Dave Hogue
Dennis H. Iverson
Bryan D. Holladay
Marda Dillree
Orville D. Carnahan
Gerry A. Adair

A RESOLUTION OF THE HOUSE OF REPRESENTATIVES URGING THE PRESIDENT OF
THE UNITED STATES AND THE UNITED STATES CONGRESS TO PROTECT AND
PRESERVE THE TENTH AMENDMENT TO THE UNITED STATE CONSTITUTION,
WHICH HAS BEEN THE FORCE GOVERNING AND BALANCING THE
RESPECTIVE POWERS OF THE STATES AND THE FEDERAL GOVERNMENT;
AND URGING THE PRESIDENT AND CONGRESS TO SUPPORT S 2156, THE
TENTH AMENDMENT ENFORCEMENT ACT, CURRENTLY BEFORE THE
UNITED STATES CONGRESS.
Be it resolved by the House of Representatives of the state of Utah:
WHEREAS the Tenth Amendment to the Constitution of the United States, part of the
original Bill of Rights, 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 the
people";
WHEREAS it is the sense of the House of Representatives of the state of Utah, acting on
behalf of the people of the state of Utah, that the Tenth Amendment was intended to be a
substantive limit on the power of the federal government over the states and that it should be so
applied by the state and federal courts in deciding questions concerning the exercise of federal
authority over the states;
WHEREAS the states must look to Congress rather than to the courts for protection from
further regulation and intrusion into the power previously recognized by the courts as being

specifically reserved to the states by the Constitution;
WHEREAS S 2156, the Tenth Amendment Enforcement Act, is a bill currently before the
United States Congress that is designed to protect the rights of the states and the people, to
strengthen the partnership and the intergovernmental relationship between state and federal
governments, and to restrain federal agencies from exceeding their authority;
WHEREAS S 2156 would require every piece of federal legislation to state the constitutional
authority by which they govern in the area addressed, and if the legislation interferes with state
powers or preempts any state or local government law, regulation or ordinance, Congress must make
a specific finding that preemption is necessary; and
WHEREAS the President of the United States and the Congress should be urged to protect
and strengthen the position of the states of our republic, to avoid further intrusion by the federal
government upon state prerogatives, and to afford greater protection to the governing authorities of
the states:
NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the state of
Utah urge the President of the United States and the United States Congress to reaffirm the powers
originally granted to the states by the Tenth Amendment to the United States Constitution, to protect
and strengthen the position of the states in this republic, to avoid further intrusion by the federal
government upon state prerogatives, and to afford greater constitutional and statutory autonomy to
the governing authorities of the states.
BE IT FURTHER RESOLVED that the House of Representatives express support for S
2156, the Tenth Amendment Enforcement Act, and strongly urge Congress to pass, and the President
to sign, the legislation.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the
United States, the Speaker of the United States House of Representatives, the President of the United
States Senate, and to the members of Utah's congressional delegation.

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