Senator Jim Lembke presented Senate Concurrent Resolution 34, the Tenth Amendment Resolution, on the Missouri Senate Floor, and passed 26-6. It currently waits in the Missouri House rules committee.
SENATE CONCURRENT RESOLUTION NO. 34
WHEREAS, in the American system, sovereignty is defined as final authority, and the people, not government, are sovereign; and
WHEREAS, the people of the state of Missouri are not united with the people of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government; and
WHEREAS, all power not delegated by the people to government is retained; and
WHEREAS, the people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and
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 which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to advancing those enumerated powers; with the rest being left to state governments or the people themselves; and
WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States; and
WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the people, a nullification of the act is the rightful remedy; that without this remedy, the people of Missouri would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-fifth General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby affirm the sovereignty of the people of Missouri under the Tenth Amendment to the Constitution of the United States over all powers not otherwise delegated to the federal government by the Constitution of the United States; and
BE IT FURTHER RESOLVED that this resolution shall serve as a notice and demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare a properly inscribed copy of this resolution for the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Missouri congressional delegation.