Current Status Bill Number:
206Type of Legislation: Concurrent Resolution CRIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: WilsonAll Sponsors: Wilson, Courson, Thomas, Ryberg, Waldrep, Lander, McConnell, Passailaigue, Russell, Hayes, Rose, Leatherman, Martin, O'Dell, GieseDrafted Document Number: BBM\9671JM.95Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Sovereignity under tenth amendment
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950110 Introduced, referred to Committee 11 SJ Senate 19941017 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER ALL POWERS NOT OTHERWISE ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT BY THE CONSTITUTION OF THE UNITED STATES; PROVIDING THAT ALL GOVERNMENTAL AGENCIES, QUASI-GOVERNMENTAL AGENCIES, AND THEIR AGENTS AND EMPLOYEES OPERATING WITHIN THE GEOGRAPHIC BOUNDARIES OF THE STATE OF SOUTH CAROLINA, OR ALL GOVERNMENTAL AGENCIES AND THEIR AGENTS AND EMPLOYEES, WHOSE ACTIONS HAVE EFFECT ON THE INHABITANTS OR LANDS OR WATERS OF THE STATE OF SOUTH CAROLINA, SHALL OPERATE WITHIN THE CONFINES OF THE ORIGINAL INTENT OF THE CONSTITUTION OF THE UNITED STATES OR BE SUBJECT TO PENALTY OF LAW AS PROVIDED FOR NOW OR IN THE FUTURE, WITHIN THE CONSTITUTION OF SOUTH CAROLINA, THE SOUTH CAROLINA STATUTES, OR THE COMMON LAW AS GUARANTEED BY THE CONSTITUTION OF THE UNITED STATES; AND SERVING NOTICE AND DEMAND ON THE FEDERAL GOVERNMENT AS SOUTH CAROLINA'S AGENT TO CEASE AND DESIST IMMEDIATELY ALL MANDATES THAT ARE BEYOND THE SCOPE OF THE FEDERAL GOVERNMENT'S CONSTITUTIONALLY DELEGATED POWERS.
Whereas, the Tenth Amendment to the Constitution of the United States reads as follows:
"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, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
Whereas, today the states are demonstrably treated as agents of the federal government; and
Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly of the State of South Carolina without any response or result from Congress, the President, or other agencies or officials of the federal government; and
Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
Be it further resolved that all governmental agencies, quasi-governmental agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, or all governmental agencies and their agents and employees, whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future, within the Constitution of South Carolina, the South Carolina statutes, or the common law as guaranteed by the Constitution of the United States.
Be it further resolved that this resolution serves as notice and demand to the federal government, as South Carolina's agent, to cease and desist immediately all mandates that are beyond the scope of the federal government's constitutionally delegated powers.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House and the President of the Senate of the legislatures of the other forty-nine states.