THE SENATE                           S.R. NO.              19
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  RESOLUTION

  DECLARING THIS STATE'S SOVEREIGNTY UNDER THE UNITED STATES
    CONSTITUTION AND DEMANDING THAT THE FEDERAL GOVERNMENT
    STOP MANDATES THAT ARE BEYOND ITS POWERS.


 1        WHEREAS, the 10th Amendment to the Constitution of the
 2   United States reads as follows:
 3   
 4        "The powers not delegated to the United States by the
 5        Constitution, nor prohibited by it to the States, are
 6        reserved to the States respectively, or to the
 7        people";
 8   
 9   and
10   
11        WHEREAS, the 10th Amendment defines the total scope of
12   federal power as being that specifically granted by the United
13   States Constitution and no more; and
14   
15        WHEREAS, the scope of power defined by the 10th Amendment
16   means that the federal government was created by the states
17   specifically to be the agent of the states; and 
18   
19        WHEREAS, in the year 1996, the states are demonstrably
20   treated as agents of the federal government; and
21   
22        WHEREAS, many federal mandates are directly in violation
23   of the 10th Amendment to the Constitution of the United States;
24   and
25   
26        WHEREAS, the United States Supreme Court has ruled in New
27   York v. United States, 112 S. Ct. 2408 (1992), that Congress
28   may not simply commandeer the legislative and regulatory
29   processes of the states; and 
30   
31        WHEREAS, a number of proposals from previous
32   administrations and some now pending from the present
33   administration and from Congress may further violate the United
34   States Constitution; now, therefore,
35   
36        BE IT RESOLVED by the Senate of the Twentieth Legislature
37   of the State of Hawaii, Regular Session of 1999, that the State
38   of Hawaii hereby claims sovereignty under the 10th Amendment to
39   the Constitution of the United States over all powers not
40   otherwise enumerated and granted to the federal government by

 
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                                  S.R. NO.              19
                                                        
                                                        


 1   the United States Constitution and that this measure serves as
 2   notice and demand to the federal government to cease and
 3   desist, effective immediately, mandates that exceed the scope
 4   of its constitutionally delegated powers; and
 5   
 6        BE IT FURTHER RESOLVED that certified copies of this
 7   Resolution be transmitted to the President and Vice-President
 8   of the United States, Speaker of the House of Representatives
 9   of the United States, the President of the Senate of the United
10   States, each Member of the Hawaii Congressional Delegation, and
11   the Speaker of the House of Representatives and the President
12   of the Senate of each state legislature in the United States.
13 
14 
15 
16                         OFFERED BY:  ____________________________