The Texas legislature continues to assert its constitutionally guaranteed sovereign powers.

Just a few days after unanimously passing a bill targeting TSA groping that would make it illegal for government agents to touch citizens in a way a reasonable person would consider offensive, the Texas House overwhelmingly passed a strong Tenth Amendment resolution last Wednesday.

HCR 50 passed 102-44. The resolution rests on the Tenth Amendment and reaffirms that the federal government was created as an agent of the states.

WHEREAS, Many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights that the federal government may not usurp

The resolution goes on to demand that the federal government, “as our agent, to cease and desist from mandates that are beyond the scope of these constitutionally delegated powers, effective immediately; and that all compulsory federal legislation not necessary to ensure rights guaranteed the people under the Constitution of the United States 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or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed.”

“This resolution makes a strong, clear statement to the federal government – get out of our space,” TAC communications director Mike Maharrey said. “The federal government certainly has its role, but it cannot legally act outside of its enumerated powers. This resolution rests on flawless constitutional reasoning and I hope the Senate quickly passes it.”

Rep. Brandon Creighton (R-Conroe) authored the resolution, along with Larry Taylor (R-Galveston), Larry Gonzalez (R-Round Rock), Dennis Bonnen (R-Angleton) and Harvey Hilderbran (R-Kerryville). Eighty-two representatives signed on as co-authors.

HCR 50 moved on to the Texas Senate and passed favorably out of the Senate State Affairs Committee without amendment on Friday.

Gov. Rick Perry has indicated he supports the resolution.

In other Texas legislative action, the TSA bill (HB 1937) passed unanimously out of the Senate Committee on Transportation and Homeland Security last Friday in Austin.

For more information on Tenth Amendment resolutions from across the nation, click here.

Mike Maharrey

The 10th Amendment

“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.”



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