Utah 10th amendment legislation

S.J.R. 6

LEGISLATIVE GENERAL COUNSEL

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Approved for Filing: J.L. Wilson 601-12-10 11:41 AM 6S.J.R. 6

*SJR006*

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JOINT RESOLUTION – STATE2

SOVEREIGNTY AND TENTH AMENDMENT3 2010 GENERAL SESSION

4 STATE OF UTAH

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Chief Sponsor: Howard A. Stephenson6

House Sponsor: ____________7

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LONG TITLE9

General Description:10 This joint resolution of the Legislature strongly urges Congress and the President to

11 refrain from exercising authority related to the individual states beyond that granted by

12 the states in the Constitution of the United States and declares the state’s sovereignty

13 under the Tenth Amendment to the Constitution.

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Highlighted Provisions:15 This resolution:

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17 of the United States to refrain from issuing, any law or executive order that violates

18 the United States Constitution;

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20 repeal any current law or executive order that violates the United States

21 Constitution;

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23 conflicts with any provision of either the United States Constitution or the Utah

24 State Constitution or that abridges the rights of the people as expressed in the

25 United States Constitution;

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27 federal law that directs states to comply under threat of civil or criminal penalties or

< strongly urges the United States Congress to refrain from passing, and the President< strongly urges the United States Congress and the President of the United States to< strongly urges the federal government to refrain from entering into any treaty that< strongly urges the United States Congress to prohibit or repeal any compulsoryS.J.R. 6 01-12-10 11:41 AM

28 sanctions or requires states to pass legislation or lose federal funding;

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30 immediately cease and desist issuing mandates that are beyond the scope of

31 constitutionally delegated powers;

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33 its constitutional limitations and restore the powers of the people and of the states;

34 and

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36 States over all powers not otherwise enumerated and granted to the federal

37 government by the Constitution of the United States.

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< strongly urges the federal government, as the agent of the people of the state, to< strongly urges all other states to join in a commitment to confine federal power to< declares sovereignty under the Tenth Amendment to the Constitution of the UnitedSpecial Clauses:39 None

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Be it resolved by the Legislature of the state of Utah:42 WHEREAS, the people of the state of Utah hold “these truths to be self-evident — that

43 all people are created equal, that they are endowed by their Creator with certain unalienable

44 rights, that among these are life, liberty and the pursuit of happiness — and that to secure these

45 rights, governments are instituted among people, deriving their just powers from the consent of

46 the governed”;

47 WHEREAS, in 1787, the several states united in a republic and created the Constitution

48 of the United States as a framework for a general government;

49 WHEREAS, the framers of the Constitution proclaimed the scope of that government to

50 be one “whose powers were to be few and defined. Those which are to remain in the State

51 governments are numerous and indefinite . . . The powers reserved to the several States will

52 extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and

53 properties of the people, and the internal order, improvement, and prosperity of the State”;

54 WHEREAS, the protection of those powers of the states was carefully enumerated in

55 amendments to the United States Constitution;

56 WHEREAS, in 1896, Utah entered into statehood by a contract between Utah and the

57 several states, with Congress and the President concurring and acting as the agent for the states;

58 WHEREAS, in so doing, Utah became a free, sovereign, and independent body politic

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01-12-10 11:41 AM S.J.R. 6

59 by the name of the state of Utah;

60 WHEREAS, the Constitution of the state of Utah affirms without exception the

61 Constitution of the United States to be the supreme law of the land;

62 WHEREAS, the Ninth Amendment to the Constitution of the United States declares

63 “The enumeration in the Constitution of certain rights shall not be construed to deny or

64 disparage others retained by the people;”

65 WHEREAS, the Tenth Amendment to the Constitution of the United States declares:

66 “The powers not delegated to the United States by the Constitution, nor prohibited by it to the

67 states, are reserved to the states respectively, or to the people;”

68 WHEREAS, together, the Ninth and Tenth Amendments to the Constitution of the

69 United States, define the total scope of federal power as being that granted by the Constitution

70 of the United States and no more, with all others being retained or reserved to the states, or to

71 the people;

72 WHEREAS, today, a number of proposals and mandates have been issued to the states

73 by the federal government that substantially exceed the intent of those few, defined, and limited

74 powers enumerated in the Constitution of the United States;

75 WHEREAS, since the people were bestowed by their Creator with unalienable rights

76 and the people in turn created government to help secure and safeguard those rights, the people

77 are superior to government and remain the master over it;

78 WHEREAS, the people from the several states created the federal government, the

79 federal government did not create the people or the states, and therefore it cannot exceed the

80 authority given it by the people or the states;

81 WHEREAS, by ratifying the United States Constitution and Bill of Rights, the several

82 states created a general government for special purposes and delegated to that government

83 certain powers, while reserving all other powers;

84 WHEREAS, the Constitution of the United States is the people’s document that

85 delegates powers to the federal government, and there is no power granted to the legislative,

86 executive, or judicial branches of government to delegate to others either the powers granted

87 therein or to assume or delegate powers not granted by the Constitution;

88 WHEREAS, to delegate powers to the federal government independent of the

89 Constitution of the United States is usurpation of the people’s powers;

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S.J.R. 6 01-12-10 11:41 AM

90 WHEREAS, the federal government has exceeded its enumerated powers, and many

91 federal laws are in violation of the Tenth Amendment to the Constitution of the United States;

92 WHEREAS, on February 16, 2007, the people of the state of Utah took the position that

93 “in opposition to the Jeffersonian principles of individual liberty, free markets, and limited

94 government . . . the REAL ID Act wrongly coerces states into doing the federal government’s

95 bidding by threatening to refuse non-complying states’ citizens the privileges and immunities

96 enjoyed by other states’ citizens;”

97 WHEREAS, the Legislature rejected the federally mandated Real ID Act as an

98 unwarranted assumption of federal power and as an unacceptable incursion into the right to

99 privacy that the people of Utah have reserved to themselves in the Utah Constitution;

100 WHEREAS, the federal government’s unrestrained exercise of those portions of the

101 United States Constitution that delegate to Congress a power “to lay and collect taxes, duties,

102 imposts, and excises to pay the debts and provide for the common defense and general welfare

103 of the United States” and “to make all laws which shall be necessary and proper” to regulate

104 “commerce among the states” has served to destroy the intent of the limits of power imposed

105 on Congress by its creators, the States of the Republic;

106 WHEREAS, the people of Utah and all other states have a right to ignore or reject all

107 unwarranted assumptions of power by other entities within and without its boundaries;

108 WHEREAS, without this right, states would become mere administrative subdivisions

109 of their intended servant, the federal government that the states created;

110 WHEREAS, if Utah accepts these inappropriate applications of power and continues to

111 allow Congress to exercise unbridled authority, it surrenders its own form of government, its

112 sovereign power, and its responsibility to its citizens;

113 WHEREAS, any act by the Congress of the United States, Executive Order of the

114 President of the United States, or Judicial Order of the United States that assumes a power not

115 delegated by the United States Constitution is a breach of the United States Constitution by the

116 government of the United States, which would also breach the fundamental relationship

117 between the creator, the state, and the federal government; and

118 WHEREAS, acts that would cause this type of breach include: (a) establishing martial

119 law or a state of emergency within a state without the consent of the state; (b) moving federal

120 military personnel or units into a state without the consent of the state or with the intent to

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01-12-10 11:41 AM S.J.R. 6

121 enforce federal laws or to assert the supremacy of the federal government; (c) requiring

122 involuntary servitude or governmental service other than a draft during a declared war or

123 pursuant to or as an alternative to incarceration after due process of law; (d) requiring

124 involuntary servitude or governmental service of persons under the age of 18 years, other than

125 pursuant to or as an alternative to incarceration after due process of law; (e) any act regarding

126 religion, further limitations on freedom of speech, or further limitations on freedom of the

127 press; (f) any act infringing on the right to keep and bear arms, including prohibitions of type or

128 quantity of arms or ammunition; and (g) surrendering any power delegated or not delegated to

129 any corporation or foreign government:

130 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah

131 strongly urges the United States Congress to refrain from passing, and the President of the

132 United States to refrain from issuing, any law or executive order that goes beyond the

133 reservations expressed in this resolution, as those laws or executive orders would be a breach

134 of the Constitution of the United States.

135 BE IT FURTHER RESOLVED that the Legislature of the state of Utah strongly urges

136 the United States Congress and the President of the United States to repeal any law or

137 executive order currently in effect that goes beyond the reservations expressed in this

138 resolution, as those laws and executive orders are a breach of the Constitution of the United

139 States.

140 BE IT FURTHER RESOLVED that the Legislature of the state of Utah strongly urges

141 the federal government to refrain from entering into any treaty that conflicts with any provision

142 of either the United States Constitution or the Utah State Constitution or that abridges the

143 rights of the people as expressed in the United States Constitution.

144 BE IT FURTHER RESOLVED that the Legislature strongly urges the United States

145 Congress to prohibit or repeal any compulsory federal law that directs states to comply under

146 threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose

147 federal funding.

148 BE IT FURTHER RESOLVED that the Legislature of the state of Utah, as an agent of

149 the people of the state, strongly urges the federal government, to immediately cease and desist

150 issuing mandates that are beyond the scope of constitutionally delegated powers.

151 BE IT FURTHER RESOLVED that the Legislature of the state of Utah strongly urges

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S.J.R. 6 01-12-10 11:41 AM

152 all other states to join in a commitment to confine federal power to its constitutional limitations

153 and restore the powers of the people and of the states.

154 BE IT FURTHER RESOLVED that the Legislature of the state of Utah declares

155 sovereignty under the Tenth Amendment to the Constitution of the United States over all

156 powers not otherwise enumerated and granted to the federal government by the Constitution of

157 the United States.

158 BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of

159 the United States, to the members of the United States Congress, and to the states and

160 territories of the United States.

Legislative Review Note

as of 9-29-09 9:29 AM

Office of Legislative Research and General Counsel

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