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Introduced Version Senate Concurrent Resolution 2 History

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SENATE CONCURRENT RESOLUTION NO. 20

(By Senators Boley, Barnes, Hall, Deem, Caruth, Sypolt, K. Facemyer, Guills and Plymale)


The Legislature of West Virginia reasserts the State of West Virginia's sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates.

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 specifically granted by the Constitution of the United States and no more and the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

Whereas, Today, in 2010, the states are demonstrably treated as agents of the federal government and many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

Whereas, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the
states; and
Whereas, Any Act by the Congress of the United States, Executive Order of the President of the United States of America, or Judicial Order by the judicatories of the United States of America which assumes a power not delegated to the government of the United States of America by the Constitution of the United States of America and which serves to diminish the liberty of any of the several states or their citizens constitutes a nullification of the Constitution of the United States of America by the government of the United States of America; and

Whereas, A number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States; therefore, be it

Resolved by the Legislature of West Virginia:

That the State of West Virginia reasserts sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; 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 requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it

Further Resolved, That the Clerks of both houses forward a copy of this resolution to President Barack Obama and all members
of West Virginia's Congressional Delegation.
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