Bill Text: PA HR49 | 2011-2012 | Regular Session | Introduced

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Bill Title: Claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers, serving notice to the Federal Government to cease and desist certain mandates, providing that certain Federal legislation be prohibited or repealed and directing distribution.

Spectrum: Moderate Partisan Bill (Republican 35-6)

Status: (Introduced - Dead) 2011-02-01 - Referred to STATE GOVERNMENT [HR49 Detail]

Download: Pennsylvania-2011-HR49-Introduced.html

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PRINTER'S NO. 315
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 49 Session of2011
INTRODUCED BY SWANGER, BAKER, BENNINGHOFF, CALTAGIRONE, CLYMER, D. COSTA, CUTLER, DENLINGER, ELLIS, FLECK, GIBBONS, GOODMAN, GRELL, GROVE, HARRIS, HORNAMAN, KAUFFMAN, KNOWLES, METCALFE, MILNE, MURT, PICKETT, PYLE, RAPP, READSHAW, REESE, REICHLEY, ROAE, SCHRODER, SIMMONS, SONNEY, STERN, TALLMAN, VULAKOVICH, MARSHALL, GABLER AND HESS, FEBRUARY 1, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2011
A RESOLUTION
Claiming sovereignty under the Tenth Amendment to the
Constitution of the United States over certain powers,
serving notice to the Federal Government to cease and desist
certain mandates, providing that certain Federal legislation
be prohibited or repealed and directing distribution.
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;
and
WHEREAS, The Tenth Amendment to the Constitution of the
United States 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 to
the Constitution of the United States means that the Federal
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Government was created by the states specifically to be an agent
of the states; and
WHEREAS, In 2010, 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 to the Constitution of the
United States assures that the citizens of this nation and each
sovereign state in the union of states now have, and have always
had, rights that the Federal Government may not usurp; and
WHEREAS, Article IV, Section 4 of the Constitution of the
United States states, "The United States shall guarantee to
every State in this Union a Republican Form of Government," and
the Ninth Amendment to the Constitution of the United States
states, "The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by
the people"; and
WHEREAS, The United States Supreme Court ruled in New York v.
United States, 112 S. Ct. 2408 (1992), that the Congress of the
United States may not simply commandeer the legislative and
regulatory processes of the states; and
WHEREAS, A number of proposals from previous administrations,
and some now pending from the present administration and from
the Congress of the United States, may further violate the
Constitution of the United States; therefore be it
RESOLVED, That the Commonwealth of Pennsylvania 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
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RESOLVED, That this resolution 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 which
directs states to comply under threat of civil or criminal
penalties or sanctions, or requires states to pass legislation
or lose Federal funding, be prohibited or repealed; and be it
further
RESOLVED, That a copy of this resolution be distributed to
the President of the United States, the President of the United
States Senate, the Speaker of the United States House of
Representatives, the President of the Senate and the Speaker of
the House of Representatives of each state's legislature and to
each member of Congress from Pennsylvania.
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