Unlike the many 10th Amendment Resolutions that have been introduced around the country since 2008, these “10th Amendment” or “State Sovereignty” bills are proposals for binding legislation.

They often have language included to affirm the sovereignty of the people of the state and to create a commission or a committee to review the Constitutionality of acts emanating from the federal government.

Legend: Blue – Introduced. Yellow – Passed one or more houses.
Green – Passed Both Houses. Red – Signed by Governor. Purple/Black – Failed Vote.

2012 Legislation (scroll down for previous sessions)

2011 Legislation

37 thoughts on “10th Amendment Bills

  1. Tom

    Is there any effort to insert some language into the Tenth Amendment to make it's intended meaning crystal clear? What about putting some heat on our own state congressional delegations to begin an Article V amendment process to add a word or two to make sure Congress or the courts can't dance around it's true meaning?

    • Chris

      You really cant dance around "The only power you have, is what we give you, all other power stays with us" which is the tenth amendment boiled down. So it goes to reason that if we have given the power we can take it back.

      • Nick

        The Supreme Court has made it clear that The Federal Govt has "implied" Powers because the 10th should have said "Expressly". We screwed up way back then..

        • Isn't it true that the Supreme Court is not the judge of whether a power belongs to the State or the Federal Government? The Supreme Court IS a part of the Federal Government so how can it judge the case? The States HAVE the power the Constitution gives them – they just have to find the gumption to take it or keep it. The way I see it, the Supreme Court making a ruling on this IS an example of the Federal Government overreaching the powers given to it by the States through the Constitution.

          • Steven G. Poyzer

            The Supreme Courts defined task is not to interpret the Constitution, but to use the Constitution as the measure for all laws and legislation passed by Congress.

          • Well, I think we agree then, Steven, if it's not the Supreme Court's task to interpret the constitution, it's not up to them to tell the States whether the Federal Government has the right to impose any given law on the States. And they really don't have any right to declare that the Federal government has "implied" powers either. That is treating the document as though it is a "living" document just like the liberal/progressives do. It really doesn't mean a damn WHAT Congress passes, if it's outside of what the Constitution states that the Federal Government can do, the States can tell the Feds to take a flying leap. The Federal government was created by the States and not the other way around. The States just need to "man up" and take the power that is theirs.

  2. Deb

    Missouri SB587 to create a "Tenth Amendment Commission" sounds like another layer of government. We need bills with "teeth" that will create law way before even considering something like this.

  3. Fgordon

    What 10th Amendment actions have been taken by Texas?

    • Texas has introduced legislation and it has passed in the house of representatives. The entire text of the amendment is online. Google on Tenth Amendment Texas Legislation and you should see it. It is HRC50.

  4. I'm pleased to say that the South Carolina state Senate passed S424 yesterday, January 19th, a resolution asserting state powers under both the Ninth and Tenth Amendments of the US Constitution. Our House of Representatives had already passed a similar resolution, the Senate version appears tougher if anything.

    We should have this finalized soon.

  5. Mitch

    “Putting teeth into states rights legislation.” In Missouri Rep. Brian Nieves has filed HJR 88 which will amend Missouri’s state Constitution. If approved by the voters it will require the state of Missouri to only recognize federal laws or action where the U.S. Constitution has delegated the power to act to the federal government. If the federal government unconstitutionally usurps power, the state of Missouri will no longer recognize or enforce the federal action. Every Missouri supporter of the Constitution and freedom needs to thank Rep. Brian Nieves, and ask their state Representative and Senator to support this amendment.

  6. Texas: http://www.legis.state.tx.us/BillLookup/History.a

    The House passed the following measure in May, 2009:
    HCR 50, Affirming that the State of Texas 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 U.S. Constitution, serving
    notice to the federal government to cease and desist certain mandates, and providing
    that certain federal legislation be prohibited or repealed.

    The Texas State Senate has received the bill from the House.

    Contrary to some media reports out there, this is not a threat to secede…it's merely a warning shot across the Fed bow that Texas will fight for it's rights under the US Constitution.

    [Note: The Legislature of the State of Texas, operating under the biennial system, convenes its regular sessions at noon on the second Tuesday in January of odd-numbered years. The maximum duration of a regular session is 140 days. The governor is given authority under the state constitution to convene the legislature at other times during the biennium.]

  7. Chad

    SM 96 passed in the Florida Senate judiciary committee, it has now been referred to the Rules committee.


    Looks like us OKIES are going to get a chance to vote on our house bill. Is anyone going to follow our lead?

  9. Pat Hines

    First, I'm pleased to say that South Carolina passed our Tenth Amendment Resolution Tuesday, the 9th of March, 2010. Sadly, this is only a resolution, not a law, it has virtually no teeth. There is no punishment for a state agency that yields authority rightfully possessed to a US government agency that fraudulently asks for and takes it.

    The recent revelation that the current junta, which is just as bad if not worse than the four previous regimes with regard to usurpation of state authority, is examining the extent to which it make "manage" recreational fishing on inland and coastal waters. This has apparently gotten the attention of lots of people who were scrupulously ignoring other inroads by the US government, while the rest of us were fighting the good fight. Better late than never I suppose.

    Last, the Tenth Amendment does not have to say "expressly" within it, the amendment is expressed, therefore it is expressly applicable. McCulloch v. Maryland must be overturned, it was corrupt the day it was rendered, it is corrupt today.

  10. chris

    What is plan B? I say an Article 5 convention be called. The States have all the marbles, if you want 100% success that can not be vetoed, and can not be messed around with.

  11. matt

    The states are passing resolutions without teeth. They must add language making it a felony within the state for anyone to attempt to enforce a nullified federal law or regulation, and then follow-up by arresting and imprisoning federal officials. Otherwise they're just pissing into the wind.

    I might add that every state that contemplates this should first enact a militia law to organize a state militia of all able-bodied men, to defend the state from aggression.

    • no thanks, Matt. First of all, this page is about legally-binding 10th amendment bills not non-binding resolutions as you are referring to. Those are in a different area altogether.

      And second, mass, peaceful non-compliance like with Real ID and medical marijuana will have FAR more effect (it already has) than an idiotic show of force with the intent of shootin' it up with some local militia.

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