Georgia House of Representatives - 1995/1996 Sessions

HR 11 - State powers; claim sovereignty under U. S. Constitution

Page Numbers - 1/ 2

1. Kaye  37th             2. Lakly  105th            3. Westmoreland  104th
4. Lifsey  6th            5. Johnson  97th           6. Johnston  81st


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/12/95  Read 1st Time                                                                
              1/13/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HR 11                                           LC 15 3993ER






                             A RESOLUTION

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  1- 2  Constitution of the United States over all powers not
  1- 3  otherwise enumerated and granted to the federal government
  1- 4  by the United States Constitution; and for other purposes.

  1- 5  WHEREAS, the Tenth Amendment to the Constitution of the
  1- 6  United States, part of the original Bill of Rights, reads as
  1- 7  follows:

  1- 8    "The powers not delegated to the United States by the
  1- 9    Constitution, nor prohibited by it to the States, are
  1-10    reserved to the States respectively, or to the people";
  1-11    and

  1-12  WHEREAS, the Tenth Amendment defines the scope of federal
  1-13  power as being that specifically granted by the United
  1-14  States Constitution and no more; and

  1-15  WHEREAS, the scope of power defined by the Tenth Amendment
  1-16  means that the federal government was created by the states
  1-17  specifically to be an agent of the states; and

  1-18  WHEREAS, in the year 1994, the states are demonstrably
  1-19  treated as agents of the federal government; and

  1-20  WHEREAS, numerous resolutions have been forwarded to the
  1-21  federal government by the various state  legislative bodies
  1-22  without any result from Congress or the federal government;
  1-23  and

  1-24  WHEREAS, many federal mandates are directly in violation of
  1-25  the Tenth Amendment to the Constitution of the United
  1-26  States; and

  1-27  WHEREAS, the United States Supreme Court has ruled in New
  1-28  York v. United States, 112 S. Ct. 2408 (1992), that Congress
  1-29  may not simply commandeer the legislative and regulatory
  1-30  processes of the states; and

  1-31  WHEREAS, a number of proposals from previous administrations
  1-32  and some now pending from the present administration and
  1-33  from Congress may further violate the United States
  1-34  Constitution.



                                 -1- (Index)

                                                LC 15 3993ER

  2- 1  NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
  2- 2  GEORGIA that the State of Georgia hereby claims sovereignty
  2- 3  under the Tenth Amendment to the Constitution of the United
  2- 4  States over all powers not otherwise enumerated and granted
  2- 5  to the federal government by the United States Constitution
  2- 6  and that this measure shall serve as notice and demand to
  2- 7  the federal government, as our agent, to cease and desist,
  2- 8  effective immediately, mandates that are beyond the scope of
  2- 9  its constitutionally delegated powers.

  2-10  BE IT FURTHER RESOLVED that the Clerk of the House of
  2-11  Representatives is authorized and directed to transmit
  2-12  copies of this resolution to the President of the United
  2-13  States, the Speaker of the United States House of
  2-14  Representatives, the President Pro Tempore of the United
  2-15  States Senate, each Senator and Representative from Georgia
  2-16  in the Congress of the United States, and to the Speaker of
  2-17  the House and the President of the Senate of each state
  2-18  legislature in the United States of America.






























                                 -2- (Index)