Bill 1009

                    Current Status

Bill Number:                       1009
Type of Legislation:               Concurrent Resolution CR
Introducing Body:                  Senate
Introduced Date:                   19960110
Primary Sponsor:                   McConnell 
All Sponsors:                      McConnell 
Drafted Document Number:           pt\2100dw.96
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Nullification of Federal
                                   Laws

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960110  Introduced, referred to Committee        11 SJ

A CONCURRENT RESOLUTION

PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE A GOVERNMENT OF THE PEOPLE AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES FOR SUBMISSION TO THE STATES TO ESTABLISH A MECHANISM FOR NULLIFICATION OF FEDERAL LAWS AND REGULATIONS WHERE THE STATES DETERMINE THAT THESE LAWS OR REGULATIONS EXCEED THE AUTHORITY OF THE FEDERAL GOVERNMENT UNDER THE CONSTITUTION OF THE UNITED STATES.

Whereas, the federal government was established by the states through ratification of the Constitution of the United States; and

Whereas, the federal government was granted certain limited powers under the Constitution of the United States to act as the agent of the states and of the people; and

Whereas, the Constitution of the United States requires under the Tenth Amendment that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and

Whereas, by the actions of Congress, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the actions of the Executive, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the actions of the Judiciary, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the combined actions of the Congress, the Executive and the Judiciary, the principal-agent relationship established by the Constitution of the United States has been effectively reversed, as the federal government has arrogated to itself the role of principal; and

Whereas, it has become customary for the federal Judiciary to possess the ultimate authority to interpret the meaning of the Constitution of the United States; and

Whereas, reliance upon the federal Judiciary, itself a branch of the federal government, has inappropriately delegated ultimate interpretation of the Constitution of the United States to the agent, rather than to the principal; and

Whereas, only the principal in a principal-agent relationship can ultimately interpret the intention of the principal; and

Whereas, the federal government is more distant from the people than state governments and is thereby less efficient and effective in providing for functions that, under the Constitution of the United States, were to have been reserved to the states and to the people; and

Whereas, to achieve government of the people, by the people, and for the people, government must become closer to the people; and

Whereas, there is a need for an effective mechanism by which the states may provide ultimate interpretation of their intentions under the Constitution of the United States.

Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the Congress of the United States, by this resolution, is petitioned to propose the Government of the People Amendment to the Constitution of the United States, for submittal to the states for ratification, providing for the states to nullify federal laws and regulations, in such cases as the states consider that the federal government has exceeded the limits of its authority.

Be it further resolved that to achieve the purpose expressed above that the Government of the People Amendment shall provide that:

(1) Any act of Congress, or provision of it is void upon the adoption of a Resolution of Disapproval by the legislatures of two-thirds of the states providing that no more than five years has passed from the adoption of the first Resolution of Disapproval by a state and the requisite number of adoptions.

(2) Any regulations, administrative directive or provision thereof is void upon the adoption of a Resolution of Disapproval by the legislatures of two-thirds of the states where no more than five years has passed from the adoption of the first Resolution of Disapproval by a state and the requisite number of adoptions.

Be it further resolved that the Government of the People Amendment shall require a Resolution of Disapproval to declare the causes that impel the Resolution.

Be it further resolved that the Government of the People Amendment shall contain reasonable limitations on the use of Resolutions of Disapproval with respect to issues of national security.

Be it further resolved that the Government of the People Amendment shall prohibit judicial review of any matter with respect to the Government of the People Amendment or its implementation or operation.

Be it further resolved that the Clerks of the South Carolina Senate and the South Carolina House of Representatives transmit copies of this concurrent resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and the South Carolina Congressional Delegation.