Full Text of HR0067 97th General Assembly
HR0067 97TH GENERAL ASSEMBLY |
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| 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 |
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| 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-SEVENTH 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 |
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| 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.
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