Introduced Version





HOUSE CONCURRENT
RESOLUTION No.
________




DIGEST OF INTRODUCED RESOLUTION



        A CONCURRENT RESOLUTION urging all agents of the United States government to cease and desist immediately any and all mandates that are beyond the scope of their constitutionally delegated power.



Frizzell, Koch




    _______________________, read first time and referred to Committee on








Introduced

First Regular Session of the 116th General Assembly (2009)


HOUSE CONCURRENT
RESOLUTION



        A CONCURRENT RESOLUTION urging all agents of the United States government to cease and desist immediately any and all mandates that are beyond the scope of their constitutionally delegated power.

    Whereas, The Tenth Amendment to the Constitution of the United States specifically provides that "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";

    Whereas, The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more;

    Whereas, Article One, Section Eight of the Constitution of the United States begins with "The Congress shall have power to" and then proceeds to list delegated powers;

    Whereas, Indiana is entitled by the Tenth Amendment of the Constitution of the United States to act upon all other responsibilities;

    Whereas, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States and infringe upon Indiana's reserved powers; and

    Whereas, A number of federal proposals now being considered may further violate the Constitution of the United States and infringe upon Indiana's reserved powers: Therefore,



Be it resolved by the House of Representatives

of the General Assembly of the State of Indiana,

the Senate concurring:


    SECTION 1. That the Indiana General Assembly hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise delegated to the federal government by the Constitution of the United States.
    SECTION 2. That this resolution serve as a reminder to the federal government of the balance of powers mandated by the Constitution of the United States and request a cessation immediately of any and all mandates that are beyond the scope of its constitutionally delegated powers.
    SECTION 3. That the Principal Clerk of the House of Representatives transmit a copy of this resolution to the Indiana Congressional delegation and any interested citizen.