Asserting State's Rights under the 10th Amendment of the Bill of Rights
This bill was approved and chartered.
The original was found at
SENATE JOINT RESOLUTION NO. 44
INTRODUCED BY STATE SENATOR DON ROGERS
April 13, 1994
WHEREAS, The 10th 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 10th Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and
WHEREAS, The scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, Today, in 1994, the states are demonstrably treated as agents of the federal government; and
WHEREAS, Numerous resolutions have been forwarded to the federal government by the California Legislature without any response or result from Congress or the federal government; and
WHEREAS, Many federal mandates are directly in violation of the 10th 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, A number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution; now, therefore, be it
Resolved by the Senate and Assembly of the State of California, jointly, That the State of California hereby claims sovereignty under the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution and that this measure shall serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the United States House of Representatives, the President pro Tempore of the United States Senate, each Senator and Representative from California in the Congress of the United States and to the Speaker of the House and the President of the Senate of each state legislature in the United States of America.
BILL NUMBER: SJR 44 INTRODUCED 04/14/94
INTRODUCED BY Senators Rogers, Ayala, Bergeson, Beverly, Boatwright, Campbell, Dills, Hill, Hurtt, Johannessen, Kelley, Kopp, Leonard, Leslie, Lewis, Maddy, McCorquodale, Mello, Peace, Presley, Wright, and Wyman (Coauthors: Assembly Members Aguiar, Alby, Allen, Andal, Baca, Boland, Bowen, Bowler, Brulte, Cannella, Conroy, Cortese, Costa, Epple, Ferguson, Frazee, Goldsmith, Harvey, Hauser, Haynes, Hoge, Honeycutt, Horcher, Johnson, Jones, Katz, Knight, Knowles, McPherson, Morrow, Mountjoy, Murray, Pringle, Rainey, Richter, Statham, Takasugi, Tucker, Weggeland, and Woodruff)
APRIL 14, 1994
Senate Joint Resolution No. 44 Relative to the 10th Amendment.
LEGISLATIVE COUNSEL'S DIGEST
SJR 44, as introduced, Rogers. 10th Amendment.
This measure would declare the state's sovereignty under the 10th Amendment to the United States Constitution and demand that the federal government cease and desist mandates that are beyond the scope of constitutionally delegated powers.
Fiscal committee: no.
[This bill was approved and chartered.]
Yes, it was approved. The text of the final approved version should be on the web site, too. Resolution chapters are published as part of the Statutes of California and are available at county law libraries. I hope this information is helpful. Please feel free to contact us again if we can be of additional assistance.
Also see California State Constitution, Required Oath of Office and excerpts
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