Full Text of HR0657 96th General Assembly
HR0657 96TH GENERAL ASSEMBLY
|
|
|
HR0657 |
|
LRB096 14872 GRL 29738 r |
|
| 1 |
| HOUSE RESOLUTION
| 2 |
| WHEREAS, The Tenth Amendment to the Constitution of the | 3 |
| United States specifically provides that, "The powers not | 4 |
| delegated to the United States by the Constitution, nor | 5 |
| prohibited by it to the States, are reserved to the States | 6 |
| respectively, or to the people"; and
| 7 |
| WHEREAS, The Tenth Amendment was part of the original Bill | 8 |
| of Rights, which was proposed on September 25, 1789, ratified | 9 |
| by three-fourths of the states, and went into effect on | 10 |
| December 15, 1791; and
| 11 |
| WHEREAS, The Tenth Amendment limits the scope of federal | 12 |
| power and prescribes that the federal government was created by | 13 |
| the states specifically to be an agent of the states, rather | 14 |
| than the states being agents of the federal government; and | 15 |
| WHEREAS, When taking the oath of office, all members of the | 16 |
| Illinois General Assembly solemnly swear that they will support | 17 |
| the Constitution of the United States and the Constitution of | 18 |
| the State of Illinois; and
| 19 |
| WHEREAS, Many federal mandates are in direct violation of | 20 |
| the Tenth Amendment to the Constitution of the United States | 21 |
| and infringe upon both Illinois' reserve powers and the |
|
|
|
HR0657 |
- 2 - |
LRB096 14872 GRL 29738 r |
|
| 1 |
| people's reserved powers; and
| 2 |
| WHEREAS, The United States Supreme Court ruled in New York | 3 |
| v. United States, 505 U.S. 144 (1992), that Congress may not | 4 |
| simply commandeer the legislative and regulatory processes of | 5 |
| the states by compelling them to enact and enforce regulatory | 6 |
| programs; and
| 7 |
| WHEREAS, The United States Supreme Court, in Printz v. | 8 |
| United States/Mack v. United States, 521 U.S. 898 (1997), | 9 |
| reaffirmed that the Constitution of the United States | 10 |
| established a system of "dual sovereignty" that retains "a | 11 |
| residuary and inviolable sovereignty" by the states; | 12 |
| therefore, be it
| 13 |
| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 14 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 15 |
| the State of Illinois hereby claims sovereignty under the Tenth | 16 |
| Amendment to the Constitution of the United States over all | 17 |
| powers not otherwise enumerated and granted to the federal | 18 |
| government by the Constitution of the United States; and be it | 19 |
| further
| 20 |
| RESOLVED, That this resolution shall serve notice to the | 21 |
| federal government of our demand to maintain the balance of | 22 |
| powers where the Constitution of the United States established |
|
|
|
HR0657 |
- 3 - |
LRB096 14872 GRL 29738 r |
|
| 1 |
| it; and be it further | 2 |
| RESOLVED, That we state our intentions to ensure that all | 3 |
| government agencies and their agents and employees operating | 4 |
| within the geographic boundaries of the State of Illinois, or | 5 |
| whose actions have an effect on the inhabitants, lands, or | 6 |
| water of Illinois, shall operate within the confines of the | 7 |
| original intent of the Constitution of the United States; and | 8 |
| be it further | 9 |
| RESOLVED, That suitable copies of this resolution be | 10 |
| delivered to the President of the United States, the President | 11 |
| pro tempore of the United States Senate, the Speaker of the | 12 |
| United States House of Representatives, and each member of the | 13 |
| Illinois congressional delegation.
|
|