1998 Regular Session
By: Representative Saucier
House Concurrent Resolution 33
A CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY FOR MISSISSIPPI UNDER THE 10TH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER POWERS NOT GRANTED TO THE FEDERAL GOVERNMENT.
WHEREAS, the 10th 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 10th Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and
WHEREAS, the scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, today, in 1998, the states are treated as agents of the federal government; and
WHEREAS, the Mississippi Legislature has forwarded many resolutions to Congress without any response or result from Congress or the federal government; and
WHEREAS, many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States; and
WHEREAS, the United States Supreme Court 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 pending from the present administration and from Congress may further violate the United States Constitution:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the State of Mississippi claims sovereignty under the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
BE IT FURTHER 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 its constitutionally delegated powers.
BE IT FURTHER RESOLVED, That copies of this resolution be sent to the President of the United States, the presiding officers of the Senate and the House of Representatives of Congress, the members of the Mississippi Congressional Delegation and the Speaker of the House and the President of the Senate of the Legislature of each State of the United States of America.