Georgia Senate - 1995/1996 Sessions

SR 308 - U.S. Constitution - state sovereignty under 10th Amendment

Page Numbers - 1/ 2

1. Black  53rd


Senate Comm: SLGO-G     /         House Comm:            /                                          
Senate Vote: Yeas       Nays                                                                        
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              Senate          Action          House                                                 
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             3/10/95   Read 1st time                                                                
             3/14/95   Favorably Reported                                                           
             3/14/95   Read 2nd Time                                                                
             1/8/96    Committed                                                                    
             1/8/96    Read 3rd Time                                                                
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Code Sections amended:                                                                              


SR 308                                            LC 22 1439






                             A RESOLUTION

  1- 1  Claiming sovereignty under the Tenth Amendment to the
  1- 2  Constitution of the United States over all powers not
  1- 3  otherwise enumerated and granted to the federal government
  1- 4  by the United States Constitution; and for other purposes.

  1- 5  WHEREAS, the Tenth Amendment to the Constitution of the
  1- 6  United States reads as follows:

  1- 7    "The powers not delegated to the United States by the
  1- 8    Constitution, nor prohibited by it to the States, are
  1- 9    reserved to the States respectively, or to the people";
  1-10    and

  1-11  WHEREAS, the Tenth Amendment defines the total scope of
  1-12  federal power as being that specifically granted by the
  1-13  United States Constitution and no more; and

  1-14  WHEREAS, the scope of power defined by the Tenth Amendment
  1-15  means that the federal government was created by the states
  1-16  specifically to be an agent of the states; and

  1-17  WHEREAS, today, in 1995, the states are demonstrably treated
  1-18  as agents of the federal government; and

  1-19  WHEREAS, numerous resolutions have been forwarded to the
  1-20  federal government by the General Assembly of Georgia
  1-21  without any response or result from Congress or the federal
  1-22  government; and

  1-23  WHEREAS, many federal mandates are directly in violation of
  1-24  the Tenth Amendment to the Constitution of the United
  1-25  States; and

  1-26  WHEREAS, the United States Supreme Court has ruled in New
  1-27  York v. United States, 112 S. Ct. 2408 (1992), that Congress
  1-28  may not simply commandeer the legislative and regulatory
  1-29  processes of the states; and

  1-30  WHEREAS, a number of proposals from previous administrations
  1-31  and some now pending from the present administration and
  1-32  from Congress may further violate the United States
  1-33  Constitution.




                                 -1- (Index)

                                                  LC 22 1439

  2- 1  NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the State
  2- 2  of Georgia hereby claims sovereignty under the Tenth
  2- 3  Amendment to the Constitution of the United States over all
  2- 4  powers not otherwise enumerated and granted to the federal
  2- 5  government by the United States Constitution and that this
  2- 6  measure shall serve as notice and demand to the federal
  2- 7  government, as our agent, to cease and desist, effective
  2- 8  immediately, mandates that are beyond the scope of its
  2- 9  constitutionally delegated powers.

  2-10  BE IT FURTHER RESOLVED that the Secretary of the Senate is
  2-11  authorized and directed to transmit copies of this
  2-12  resolution to the President of the United States, the
  2-13  Speaker of the United States House of Representatives, the
  2-14  President of the United States Senate, each member of
  2-15  Georgia's congressional delegation, and the Speaker of the
  2-16  House and the President of the Senate of each state
  2-17  legislature in the United States of America.































                                 -2- (Index)