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HF 998

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A resolution
1.2memorializing Congress; claiming sovereignty under the Tenth Amendment to the
1.3Constitution of the United States over certain powers; serving notice to the federal
1.4government to cease and desist certain mandates; and directing distribution.
1.5WHEREAS, the Tenth Amendment to the Constitution of the United States reads as
1.6follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it
1.7to the states, are reserved to the states, respectively, or to the people"; and
1.8WHEREAS, the Tenth Amendment defines the total scope of federal power as being that
1.9specifically granted by the Constitution of the United States and no more; and
1.10WHEREAS, the scope of power defined by the Tenth Amendment means that the federal
1.11government was created by the states specifically to be an agent of the states; and
1.12WHEREAS, today, the states are demonstrably treated as agents of the federal government;
1.14WHEREAS, many federal mandates are directly in violation of the Tenth Amendment
1.15of the Constitution of the United States; and
1.16WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112
1.17S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory
1.18processes of the states; and
1.19WHEREAS, a number of proposals from previous administrations and some now pending
1.20from the present administration and from Congress may further violate the Constitution of the
1.21United States; NOW THEREFORE,
2.1BE IT RESOLVED by the Legislature of the State of Minnesota that the State of Minnesota
2.2hereby claims sovereignty under the Tenth Amendment to the Constitution of the United
2.3States over all powers not otherwise enumerated and granted to the federal government by the
2.4Constitution of the United States, and that this resolution serves as notice and demand to the
2.5federal government as our agent to cease and desist, effective immediately, mandates that are
2.6beyond the scope of these constitutionally delegated powers.
2.7BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
2.8directed to prepare copies of this memorial and transmit them to the President of the United States,
2.9the President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
2.10States House of Representatives, and Minnesota's Senators and Representatives in Congress.