10th Amendment Resolutions Introduced in Texas

The Texas legislature, back in action for the first time since the 2009 legislative session, is getting things rolling in regards to 10th Amendment legislation for the 2011 session. Two resolutions affirming sovereignty under the Tenth Amendment were prefiled on the first possible day, 11-08-10.

Senate Concurrent Resolution 1 (SCR1) was introduced by Senator Glenn Hegar, and House Concurrent Resolution 16 (HCR16) was introduced by Representative Brandon Creighton, whose HCR50 brought the issue and the discussion to the national limelight in 2009.

Both include similar language to assert a proper constitutional role for the state, such as:

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

RESOLVED, That this serve as notice and demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers

SCR1 takes a stronger position and alludes to a proper next step for the State, including:

RESOLVED, That the power over the freedom of the right to keep and bear arms was reserved to the states, and therefore, all acts of Congress to abridge that right are not law and are void; and, be it further

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed;

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