Current Status Bill Number:425 Type of Legislation:Concurrent Resolution CR Introducing Body:Senate Introduced Date:19950131 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:jic\5333htc.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Sovereignty, tenth amendment
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950131 Introduced, referred to Committee 11 SJView additional legislative information at the LPITS web site.
CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER ALL GOVERNMENT POWERS ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT AND SERVING NOTICE ON THE FEDERAL GOVERNMENT TO CEASE MANDATES ON THIS STATE BEYOND FEDERAL AUTHORITY.
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 United States Constitution 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, in 1994, 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 without any response or result from Congress or 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 (1991), 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 United States Constitution. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State of South Carolina claims 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 United States Constitution.
Be it further resolved that this resolution serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers.
Be it further resolved, that copies of this resolution be sent 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 this state's congressional delegation.