Georgia House of Representatives - 1995/1996 Sessions

HR 5 - State powers; claim sovereignty under U. S. Constitution

Page Numbers - 1/ 2

1. Woods  32nd            2. Smith  19th             3. Grindley  35th
4. Wiles  34th            5. Parsons  40th           6. Sauder  29th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended:                                                                              


HR 5                                            LC 22 1330ER






                             A RESOLUTION

  1- 1  Claiming sovereignty under the Tenth Amendment to the
  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 reads as follows:

  1- 7    "The powers not delegated to the United States by the
  1- 8    Constitution, nor prohibited by it to the States, are
  1- 9    reserved to the States respectively, or to the people";
  1-10    and

  1-11  WHEREAS, the Tenth Amendment defines the total scope of
  1-12  federal power as being that specifically granted by the
  1-13  United States Constitution and no more; and

  1-14  WHEREAS, the scope of power defined by the Tenth Amendment
  1-15  means that the federal government was created by the states
  1-16  specifically to be an agent of the states; and

  1-17  WHEREAS, today, in 1994, the states are demonstrably treated
  1-18  as agents of the federal government; and

  1-19  WHEREAS, many federal mandates are directly in violation of
  1-20  the Tenth Amendment to the Constitution of the United
  1-21  States; and

  1-22  WHEREAS, the United States Supreme Court has ruled in New
  1-23  York v. United States, 112 S. Ct. 2408 (1992), that Congress
  1-24  may not simply commandeer the legislative and regulatory
  1-25  processes of the states; and

  1-26  WHEREAS, a number of proposals from previous administrations
  1-27  and some now pending from the present administration and
  1-28  from Congress may further violate the United States
  1-29  Constitution.

  1-30  NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
  1-31  GEORGIA that the State of Georgia hereby claims sovereignty
  1-32  under the Tenth Amendment to the Constitution of the United
  1-33  States over all powers not otherwise enumerated and granted
  1-34  to the federal government by the United States Constitution
  1-35  and that this measure shall serve as notice and demand to


                                 -1- (Index)

                                                LC 22 1330ER

  2- 1  the federal government, as our agent, to cease and desist,
  2- 2  effective immediately, mandates that are beyond the scope of
  2- 3  its constitutionally delegated powers.

  2- 4  BE IT FURTHER RESOLVED that the Clerk of the House of
  2- 5  Representatives is authorized and directed to transmit
  2- 6  copies of this resolution to the President of the United
  2- 7  States, the Speaker of the United States House of
  2- 8  Representatives, the President of the United States Senate,
  2- 9  and each member of Georgia's congressional delegation.







































                                 -2- (Index)