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First Substitute H.C.R. 2

Representative Julie Fisher proposes the following substitute bill:


             1     
CONCURRENT RESOLUTION ON STATES'

             2     
RIGHTS

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Julie Fisher

             6     
Senate Sponsor: David P. Hinkins

             7     
             8      LONG TITLE
             9      General Description:
             10          This concurrent resolution of the Legislature and the Governor strongly urges the
             11      federal government and United States Congress to repeal and prohibit regulations and
             12      laws that do or would infringe upon the rights of states under the Tenth Amendment to
             13      the United States Constitution.
             14      Highlighted Provisions:
             15          This resolution:
             16          .    claims state sovereignty under the Tenth Amendment to the United States
             17      Constitution over certain powers;
             18          .    rejects interpretations of the Tenth Amendment to the United States Constitution,
             19      alone or in combination with other portions of the Constitution, that would dilute
             20      the plain intent of the Tenth Amendment;
             21          .    strongly urges the United States Congress and the federal government to repeal
             22      regulations and laws that infringe upon the rights of states under the Tenth
             23      Amendment; and
             24          .    strongly urges the United States Congress and the federal government to prohibit
             25      future regulations and laws from infringing upon the rights of states under the Tenth


             26      Amendment.
             27      Special Clauses:
             28          None
             29     
             30      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             31          WHEREAS, the Tenth Amendment to the United States Constitution reads as follows:
             32      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the
             33      States, are reserved to the States respectively, or to the people";
             34          WHEREAS, the Tenth Amendment defines the total scope of federal power as being
             35      that specifically granted by the United States Constitution and no more;
             36          WHEREAS, the scope of power defined by the Tenth Amendment means that the
             37      federal government was created by the states specifically to be an agent of the states;
             38          WHEREAS, the Tenth Amendment was clearly intended as a limitation on the powers
             39      and growth of the federal government;
             40          WHEREAS, today the states are demonstrably treated as agents of the federal
             41      government;
             42          WHEREAS, many federal laws are directly in violation of the Tenth Amendment to the
             43      United States Constitution;
             44          WHEREAS, the Tenth Amendment assures that we, the people of the United States of
             45      America and each sovereign state in the Union of States, now have, and have always had,
             46      rights the federal government may not usurp;
             47          WHEREAS, the Tenth Amendment to the United States Constitution should be
             48      preserved rather than have its plain meaning neutralized or obscured;
             49          WHEREAS, the Commerce Clause in the United States Constitution, Article 1, Section
             50      8, Clause 3, states that Congress has the power to regulate commerce with foreign nations,
             51      among the states, and with the Native American tribes;
             52          WHEREAS, Article 1, Section 8, Clause 18, the "Necessary and Proper Clause," of the
             53      United States Constitution declares that Congress has the power "To make all Laws which shall
             54      be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers
             55      vested by this Constitution in the Government of the United States, or in any Department or
             56      Officer thereof";


             57          WHEREAS, this clause is often paired with the Commerce Clause to take a broad,
             58      expansive perspective of congressional powers;
             59          WHEREAS, however, the Commerce Clause, in combination with the Necessary and
             60      Proper Clause, is often interpreted so broadly as to eliminate the effect of the Tenth
             61      Amendment's limitations on the powers and growth of the federal government;
             62          WHEREAS, Section 4, Article IV, of the Constitution states, "The United States shall
             63      guarantee to every State in this Union a Republican Form of Government," and the Ninth
             64      Amendment states that "The enumeration in the Constitution, of certain rights, shall not be
             65      construed to deny or disparage others retained by the people";
             66          WHEREAS, The United States Supreme Court has ruled in New York v. United States,
             67      112 S. Ct. 2408 (1992), that congress may not simply commandeer the legislative and
             68      regulatory processes of the states; and
             69          WHEREAS, a number of proposals from previous administrations and others now
             70      pending from the present administration and from congress may further violate the Constitution
             71      of the United States:
             72          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             73      Governor concurring therein, claim sovereignty under the Tenth Amendment to the United
             74      States Constitution over all powers not otherwise enumerated and granted to the federal
             75      government by the Constitution of the United States.
             76          BE IT FURTHER RESOLVED that the Legislature and the Governor strongly urge the
             77      federal government and the United States Congress to immediately cease and desist the
             78      issuance of mandates and laws that are beyond the scope of these constitutionally delegated
             79      powers.
             80          BE IT FURTHER RESOLVED that the Legislature and the Governor strongly urge the
             81      federal government and the United States Congress to repeal existing regulations and laws that
             82      direct states to comply under threat of civil or criminal penalties or sanctions or that require
             83      states to pass legislation or lose federal funding.
             84          BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of
             85      the United States, the Majority Leader of the United States Senate, the Speaker of the United
             86      States House of Representatives, the Speaker of the House and the President of the Senate of
             87      each state's legislature of the United States of America, and to the members of Utah's


             88      congressional delegation.


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