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HF 451

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 08/14/1998

Current Version - as introduced

  1.1                             A resolution
  1.2             instructing the United States government to conform to 
  1.3             the limits on federal powers expressed by the Tenth 
  1.4             Amendment. 
  1.5      
  1.6      WHEREAS, the Tenth Amendment to the Constitution of the 
  1.7   United States reads as follows: 
  1.8      "The powers not delegated to the United States by the 
  1.9   Constitution, nor prohibited by it to the States, are reserved 
  1.10  to the States respectively, or to the people."; and 
  1.11     WHEREAS, the Tenth Amendment defines the total scope of 
  1.12  federal power as being that specifically granted by the United 
  1.13  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 1995, the states are demonstrably 
  1.18  treated as agents of the federal government; and 
  1.19     WHEREAS, several resolutions have been forwarded to the 
  1.20  federal government by the Minnesota Legislature without any 
  1.21  result; and 
  1.22     WHEREAS, many federal mandates are directly in violation of 
  1.23  the Tenth Amendment to the Constitution of the United States; 
  1.24  and 
  1.25     WHEREAS, the United States Supreme Court has ruled in New 
  2.1   York v. United States, 112 S. Ct. 2408 (1992), that Congress may 
  2.2   not simply commandeer the legislative and regulatory processes 
  2.3   of the states; and 
  2.4      WHEREAS, a number of proposals from previous 
  2.5   administrations and some now pending from the present 
  2.6   administration and from Congress may further violate the United 
  2.7   States Constitution; NOW THEREFORE, 
  2.8      BE IT RESOLVED by the Legislature of the State of Minnesota:
  2.9      (1) that the State of Minnesota claims sovereignty under 
  2.10  the Tenth Amendment to the Constitution of the United States 
  2.11  over all powers not otherwise enumerated and granted to the 
  2.12  federal government by the United States Constitution. 
  2.13     (2) that this resolution serve as Notice and Demand to the 
  2.14  federal government, as our agent, to immediately cancel existing 
  2.15  and desist from further mandates that are beyond the scope of 
  2.16  its constitutionally delegated powers. 
  2.17     BE IT FURTHER RESOLVED that the Secretary of State of the 
  2.18  State of Minnesota is directed to prepare copies of this 
  2.19  resolution and transmit them to the President of the United 
  2.20  States, the Speaker of the United States House of 
  2.21  Representatives, the President of the United States Senate, the 
  2.22  Speaker of the House of Representatives and the President of the 
  2.23  Senate of each state's legislature, and Minnesota's 
  2.24  Representatives and Senators in Congress.