There are now 38 states that have introduced resolutions to reaffirm the principles of delegated powers under the Constitution and the 10th Amendment.
The latest? New Jersey.
Under the radar until now, Assembly Concurrent Resolution 238 (ACR238) was actually introduced back on June 22, 2009. The resolution recognizes that:
“the Tenth Amendment to the Constitution of the United States provides: “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.” This concurrent resolution further recognizes that many federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States. Additionally, this resolution notes that in New York v. United States, 505 U.S. 144 (1992), the United States Supreme Court ruled that Congress may not simply commandeer the legislative and regulatory processes of the states. As such, this resolution claims sovereignty under the Tenth Amendment over all powers not otherwise enumerated and granted by the Constitution to the federal government and serves as notice and demand to the federal government to cease and desist mandates that are beyond the scope of these constitutionally delegated powers.”Details