SF 2272

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/07/2025 10:16 a.m.

A resolution
memorializing the President and Congress to uphold and defend the principles of
federalism as a cornerstone of America's constitutional system and the structural solution
to the vast majority of problems facing our nation.

WHEREAS, the principles of federalism enshrined in the Constitution of the United States
are essential to the preservation of the nation's system of dual sovereignty, which ensures a balance
of power between the federal and state governments, as a double security to the rights of the
American people; and

WHEREAS, Executive Order 12612, issued by President Ronald Reagan on October 26,
1987, articulated the federalism principles that safeguard states' jurisdiction and responsibilities
while limiting federal overreach; and

WHEREAS, the Government Accountability Office (GAO) in its report "Federalism:
Implementation of Executive Order 12612 in the Rulemaking Process" identified areas where the
enforcement of federalism principles could be improved through self-enforcing mechanisms to
ensure compliance and accountability; and

WHEREAS, the erosion of federalism diminishes the uniqueness and diversity of the states,
weakens the states' ability to serve as laboratories of democracy, undermines self-governance and
local accountability, results in unchecked centralization of government removed from the eyes of
the people, and destabilizes the Constitution's vision of a federal government of limited and
enumerated powers; and

WHEREAS, states have continued to encounter instances where federal rules and regulations
encroach on state authority without proper consideration of the fundamental principles of federalism;
and

WHEREAS, a renewed commitment to federalism would foster respect for the distinct and
complementary roles of federal, state, and local governments and better serve the interests of the
American people; and

WHEREAS, decades of ignorance and disregard for the meticulous limits, balance, and
divisions of state-federal governing powers that characterize American federalism have resulted in
multitrillion-dollar annual federal deficits and an accumulated national debt exceeding
$36,000,000,000,000, threatening the international reserve currency role of the United States dollar
as well as the overall national security of the United States; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota, that it calls on the President
of the United States to issue an Executive Order on Federalism that reaffirms the principles of
Executive Order 12612 and strengthens their application by incorporating self-enforcing mechanisms,
as recommended by the GAO, including but not limited to:

(1) requiring federal agencies to conduct thorough federalism assessments during the
rulemaking process to evaluate the impact of proposed regulations on states;

(2) establishing mandatory consultation procedures with state governments early in the
development of federal rules to ensure state perspectives are respected;

(3) creating enforceable oversight mechanisms to hold federal agencies accountable for
compliance with the principles of federalism; and

(4) mandating the publication of detailed justifications when federal actions encroach upon
or supersede state authority, demonstrating that such actions are warranted and constitutionally
permissible; and

BE IT RESOLVED by the Legislature of the State of Minnesota, that it reaffirms the
importance of restoring and maintaining our exceptional American federalism structure of
government that respects the constitutional balance, limits, and division of governing powers and
the sovereignty of the several states; and

BE IT RESOLVED by the Legislature of the State of Minnesota, that it urges Congress to
exercise its oversight responsibilities to ensure that federal agencies adhere to the federalism
principles outlined in any new executive order.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this memorial and transmit them to the President of the United States, the Vice
President of the United States, the President Pro Tempore and the Secretary of the United States
Senate, the Speaker and the Clerk of the United States House of Representatives and Minnesota's
Senators and Representatives in Congress.