The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is “necessary and proper” to advancing those powers specifically enumerated in the Constitution of the United States. The rest is to be handled by the state governments, or locally, by the people themselves.
The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.
To affirm these principles, the State of Utah will be considering House Concurrent Resolution 2 (HCR2) in 2010. The resolution, sponsored by Julie Fisher, “urges the federal government and United States Congress to repeal and prohibit regulations and laws infringing upon the rights of states under the Tenth Amendment to the United States Constitution.”
While, non-binding, the resolution is an essential first step towards restoring state-sovereignty. It makes clear that the legislature stands in support of the Constitution of the Founders and paves the way for follow up legislation to nullify federal laws and regulations.
If passed, Utah will join 7 other states who’ve done so since early 2009. Click here to see the full list.