Today, the Louisiana State House voted to approve Senate Concurrent Resolution 2 (SCR2) which “Memorializes Congress to affirm Louisiana’s sovereignty under the Tenth Amendment of the Constitution of the United States of America and to demand that the federal government halt its practices of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America.”
The resolution, authored by State Senator Crowe, passed by a vote of 59-12. It previously passed the State Senate by a vote of 32-0. (h/t hayestown)
Louisiana joins Alaska, North Dakota, South Dakota, Oklahoma, Idaho and Tennessee as states where similar resolutions affirming sovereignty under the 10th Amendment to the Constitution have been approved by both legislative houses.
Read the full text of the resolution below:
A CONCURRENT RESOLUTION
To memorialize the Congress of the United States of America to affirm Louisiana’s sovereignty under the Tenth Amendment to the Constitution of the United States of America and to demand that the federal government halt the practice of assuming powers and imposing mandates upon the states for purposes which are not enumerated by the Constitution of the United States of America.
WHEREAS, the Tenth Amendment to the Constitution of the United States of America 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 peopleâ€; and
WHEREAS, the Tenth Amendment to the Constitution of the United States of America defines the total scope of federal power as being that specifically granted to the Constitution of the United States of America and no more; and
WHEREAS, the Tenth Amendment to the Constitution of the United States of America 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 powers assumed by the federal government as well as federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States of America; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), thatCongressmay not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, a number of proposals from previous administrations and some pending with the present administration aswell as fromCongressmayfurther violate the Constitution of the United States of America.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes the Congress of the United States of America that the legislature affirms Louisiana’s sovereignty under the TenthAmendment to the Constitution of theUnited States ofAmerica over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States of America.
BE IT FURTHER RESOLVED that the Legislature of Louisiana also demands that the federal government halt and reverse its practice of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress and to the president of the United States of America and to the governor of Louisiana.
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