ASSEMBLY CONCURRENT RESOLUTION No. 50

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  PARKER SPACE

District 24 (Morris, Sussex and Warren)

Assemblyman  GARY R. CHIUSANO

District 24 (Morris, Sussex and Warren)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Assemblymen Carroll, DiMaio, Assemblywoman N.Munoz, Assemblymen A.M.Bucco and Rudder

 

 

 

 

SYNOPSIS

     Claims sovereignty under Tenth Amendment to United States Constitution over all powers not otherwise enumerated and granted by Constitution to federal government.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the United States Constitution over all powers not otherwise enumerated and granted by the Constitution to the federal government.

 

Whereas, Federalism is the constitutional division of powers between the national and state governments; and

Whereas, Thomas Jefferson called for “the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies;" 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 specifically granted by the Constitution of the United States and no more; and

Whereas, 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, In 2009, the states are demonstrably treated as agents of the federal government; and

Whereas, 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, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; 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; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The State of New Jersey hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government.  This resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.


     2.    Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested to by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the President and Vice President of the United States, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives and to every member of Congress elected from this State.

 

 

STATEMENT

 

     This concurrent resolution recognizes that the Tenth Amendment to the Constitution of the United States provides: “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.”  This concurrent resolution further recognizes that many federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States.  Additionally, this resolution notes that in New York v. United States, 505 U.S. 144 (1992), the United States Supreme Court ruled that Congress may not simply commandeer the legislative and regulatory processes of the states.  As such, this resolution claims sovereignty under the Tenth Amendment over all powers not otherwise enumerated and granted by the Constitution to the federal government and serves as notice and demand to the federal government to cease and desist mandates that are beyond the scope of these constitutionally delegated powers.