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 STATES CONSTITUTION,
9 WHICH HAS BEEN THE FORCE GOVERNING AND BALANCING THE RESPECTIVE
10 POWERS OF THE STATES AND THE FEDERAL GOVERNMENT.
11 Be it resolved by the House of Representatives of the state of Utah:
12 WHEREAS the Tenth Amendment to the Constitution of the United States, part of the
13 original Bill of Rights, reads as follows: "The powers not delegated to the United States by the
14 Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the
15 people";
16 WHEREAS it is the sense of the House of Representatives of the state of Utah, acting on
17 behalf of the people of the state of Utah, that the Tenth Amendment was intended to be a
18 substantive limit on the power of the federal government over the states and that it should be so
19 applied by the state and federal courts in deciding questions concerning the exercise of federal
20 authority over the states;
21 WHEREAS the states must look to Congress rather than to the courts for protection from
22 further regulation and intrusion into the power previously recognized by the courts as being
23 specifically reserved to the states by the Constitution; and
24 WHEREAS the President of the United States and the Congress should be urged to protect
25 and strengthen the position of the states of our republic, to avoid further intrusion by the federal
26 government upon state prerogatives, and to afford greater protection to the governing authorities
27 of the states:

1 NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the state
2 of Utah urge the President of the United States and the United States Congress to reaffirm the
3 powers originally granted to the states by the Tenth Amendment to the United States Constitution,
4 to protect and strengthen the position of the states in this republic, to avoid further intrusion by the
5 federal government upon state prerogatives, and to afford greater constitutional and statutory
6 autonomy to the governing authorities of the states.
7 BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the
8 United States, the Speaker of the United States House of Representatives, the President of the
9 United States Senate, and to the members of Utah's congressional delegation.




Legislative Review Note
as of 1-28-97 1:41 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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