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HCR 11
As Introduced

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H. C. R. No. 11 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. C. R. No. 11

Representatives Martin, Jordan

Cosponsors: Representatives Adams, J., Amstutz, Balderson, Boose, Bubp, Burke, Combs, Gardner, Grossman, Hall, Huffman, Mecklenborg, Morgan, Snitchler, Stebelton, Uecker, Wachtmann, Batchelder, Blessing

A CONCURRENT RESOLUTION

To claim sovereignty over certain powers pursuant to the Tenth Amendment to the Constitution of the United States of America, to serve notice to the federal government to cease and desist certain mandates, and to insist that certain federal legislation be prohibited or repealed.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):

        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 to the federal government by the Constitution of the United States and no more; and

       WHEREAS, The scope of power defined by the Tenth Amendment signifies 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 directly violate the Tenth Amendment to the Constitution of the United States; and

        WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

       WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, "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 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 ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

        WHEREAS, A number of proposals by previous administrations, some now pending proposals by the present administration, and some proposals by Congress may further violate the Constitution of the United States; now therefore be it

        RESOLVED, That the State of Ohio hereby claims 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 resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of the constitutionally delegated powers; and be it further

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

       RESOLVED, That the Clerk of the House of Representatives transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each other state's legislature, and each member the Ohio Congressional delegation.