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  • cowboy45

    Active Member
    Rating - 0%
    0   0   0
    May 1, 2008
    475
    1
    mexia texas
    Not sure I understand what it means. I think it means that the feds cant make stronger laws than the state? I have been up too long today and am not firing on all cylinders.
     

    txinvestigator

    TGT Addict
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    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    CONCURRENT RESOLUTION
    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 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 means that the federal government was created by the states specifically to be an agent of the states; and
    WHEREAS, Today, in 2009, 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 assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
    WHEREAS, Section 4, Article IV, of the Constitution says, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment states that "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 has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that congress 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 congress may further violate the Constitution of the United States; now, therefore, be it
    RESOLVED, That the 81st Legislature of the State of Texas 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
    RESOLVED, That this 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 that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it further
    RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.


    "RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it further"

    I am not sure what "stronger laws" are.

    Texas is saying that they are tired of the fed gov passing laws the constitution does not allow, and coercing states to make laws the feds cannot by witholding funds from the state.
     

    kingofwylietx

    Well-Known
    Rating - 0%
    0   0   0
    Feb 29, 2008
    1,424
    21
    DFW area.....Wylie.
    I believe speed limits and the legal age you can purchase alcohol are good examples of this. I think both are tied to recieving federal highway funds.

    It's a symbolic gesture, at best.....probably more of a political statement.
     

    308nato

    TGT Addict
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    0   0   0
    Mar 9, 2008
    5,414
    96
    Between Tomball & Waller
    There are a whole lot of other states doing the same thing so I dont think
    that it is a symbolic gesture when you have about 15 or 20 states
    coming up with there own versions of that resolution.
     

    robocop10mm

    Active Member
    Rating - 100%
    3   0   0
    Jan 9, 2009
    996
    21
    Round Rock
    Basically, sending a message to DC that anything beyond the scope of the US Constitution is a State's right. Montana passed a similar law and specifically addressed the lack of Federal control over guns that are made in state and sold in state. Exempting dealers from the need of an FFL for dealing in firearms that have never left the state. The Feds fall back on the "Interstate Commerce" clause to regulate guns and many other products. Similar situation here would repeal Federal excise tax and other regulation on STI and SV pistols unless they were shipped to an out of state distributor and returned to the state.

    Save about $200-300 on a new STI, I'm in!
     

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