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Author Topic: 10th Amendment Memorials in 1995 - Document that shows States that passed it  (Read 1953 times)
jofortruth
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« on: April 17, 2009, 12:14:35 PM »

http://www.gpo.gov/congress/house/house10cal/104con/102.pdf
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JTCoyoté
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« Reply #1 on: April 17, 2009, 01:13:08 PM »

This Government Printing Office document acknowledges the receipt of Sovereignty resolutions passed by the states petitioning the federal agent in 1995.  This shows that the office has copies of the 10th Amendment State Sovereignty resolutions passed by...

#38- Virginia - April 3, 1995
  53, 58- Arizona - May 2, 1995*
  72-  Maine - May 9, 1995
  93- Nevada - May 23, 1995
 115- Alabama - June 19, 1995*
 120- Indiana - June 22, 1995
 133- Kansas - July 18, 1995*

With #111, Colorado also reaffirmed the 4th Amendment... question is, we have no other record than this for resolutions passed by 3 of the states* I see here...

JTCoyoté

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stymo1
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« Reply #2 on: April 17, 2009, 01:17:59 PM »

JT, What exactly is a memorial? Is it more or less a receipt of the resolution?
I have scoured for the original passed resolution document, but have had no luck in finding it for the state of Kansas.
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« Reply #3 on: April 17, 2009, 01:35:09 PM »

What is meant by States Memorializing Congress?
http://www.rules.house.gov/Archives/98-839.pdf

Explains Different types of Proposed Legislation:
http://www.law.asu.edu/AZBills

For example, you can see many 10th Amendment Sovereignty Memorials in this document back in 1995:
http://www.gpo.gov/congress/house/house10cal/104con/102.pdf

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JTCoyoté
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« Reply #4 on: April 17, 2009, 01:48:25 PM »

They are essentially the same thing with HJRs, HCRs, SJRs, SCRs, being a bit more strident, and carrying more power, they are a reminder to the federal agent, that the resolution needs action because the state understands and will act if there is inaction.

CRS-3


"Memorials.  The term “memorials” derives from the Latin, meaning literally “to
remember” or to “keep in mind.”  A memorial is a request, usually from a state
legislature, that the Congress take some action, or refrain from taking certain action.
Memorials may be addressed to the House or Senate as a whole, to the Speaker or
presiding officer of the Senate, or to individual Senators or Representatives.  The Senate
prints the full text of a memorial in its section of the Congressional Record, while the
House only prints the title of a memorial.
In the 18th and 19th centuries when state legislatures elected Senators, many of them
sent memorials to their Senators “instructing” them how to vote on certain pending
controversial measures.  Some Senators viewed instructions as binding, but many did not.
Since the popular election of Senators in 1913, state legislatures have ceased issuing
instructions.  Today, they use memorials or less formal means of communication to urge
congressional action rather than demanding it.

House and Senate sections of the Congressional Record note each chamber’s receipt
and disposition of messages, petitions and memorials, and other formal communications.
Committees rarely take any formal action on any of these items referred to them.
Nevertheless, they may prompt the committees to hold oversight hearings or they may be
cited in committee reports on related legislation.  House precedents record instances in
which a memorial prompted the House to begin an impeachment inquiry and to
investigate the constitutional qualifications of a Member-elect."
[/color]

JTCoyoté

"...the State of Colorado 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."
~From HJR-94-1035, The First
10th Amendment State Sovereignty Resolution, 1994
 
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jofortruth
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« Reply #5 on: April 17, 2009, 03:20:31 PM »

Go to this website:
http://thomas.loc.gov/home/r104query.html

Select Congress: 104

Search on: State 10th Amendment Memorials Received 1995

Click: Search


You can find the Memorials that States sent to Congress in that year.
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« Reply #6 on: April 19, 2009, 03:00:50 PM »

http://thomas.loc.gov/cgi-bin/query/D?r103:4:./temp/~r103PvWBKB::

MEMORIALS (House of Representatives - September 12, 1994)

[Page: H9087]Under clause 4 of rule XXII, memorials were presented and referred as follows:

473. By the SPEAKER; Memorial of the Legislature of the State of Mississippi, relative to the flow of illegal drugs into the United States; to the Committee on Armed Services.

474. Also, memorial of the House of Representatives of the State of Illinois, relative to the 10th amendment to the Constitution of the United States; to the Committee on the Judiciary.

475. Also, memorial of the Legislature of the State of Louisiana, relative to the 10th amendment of the Constitution of the United States; to the Committee on the Judiciary.
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« Reply #7 on: April 19, 2009, 03:11:23 PM »

Go to this website:
http://thomas.loc.gov/home/r104query.html

Select Congress: 103

Search on: State 10th Amendment Memorials Received 1994

Click: Search

----------------------------------------------------------------------------------------------------------------------------
POM-611. A resolution adopted by the House of the General Assembly of the State of Illinois; to the Committee on Governmental Affairs.


`House Resolution No. 2540
`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 Illinois General Assembly 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; therefore, be it

`Resolved, by the House of Representatives of the Eighty-Eighth General Assembly of the State of Illinois, That the State of Illinois 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 be it further

`Resolved, That this 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 copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and to each member of the Illinois Congressional delegation.'

POM-612. A concurrent resolution adopted by the Legislature of the State of Louisiana; to the Committee on the Judiciary.
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« Reply #8 on: April 19, 2009, 03:14:36 PM »

MEMORIALS (House of Representatives - September 16, 1994)
487. Also, memorial of the Senate of the State of California, relative to the 10th amendment to the Constitution of the United States; to the Committee on the Judiciary.
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« Reply #9 on: April 19, 2009, 03:19:08 PM »

CONGRESS EXCEEDS DELEGATED POWERS IN ITS MANDATES TO THE STATES (House of Representatives - May 20, 1994)


[Page: H3780](Mr. HEFLEY asked and was given permission to address the House for 1 minute and to revise and extend his remarks and include extraneous matter.)

Mr. HEFLEY. Mr. Speaker, yesterday I received two resolutions from the Colorado State Legislature, and I would like to share those with the Members and put them in the Record as a reminder to us.

The first resolution talks about the 10th amendment and reminds us that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are States' powers, powers of the people, and that we should keep our hands off of that.

The second one goes a little further. The second one says, `We have had it, we are tired of it, and we are not going to take it any more.' They have instructed the attorney general of the State of Colorado to file legal action against the United States of America to say, `You cannot do this any more based on the Constitution,' and they have encouraged other States to join with them in this suit.

We must change the way we look. We cannot sit here on the Potomac and pretend that we are all-wise and all-powerful, and that we have the corner on what is best for every State in the Union. The Federal Government, Mr. Speaker, did not create the States for its benefit, the States created the Federal Government for their benefit. We have to change the way we look at this.

Mr. Speaker, I include for the Record the two resolutions referred to:


House Joint Resolution 94-1035, Colorado State Legislature
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 defined 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 Colorado General Assembly 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 House of Representatives of the Fifty-ninth General Assembly of the State of Colorado, the Senate concurring herein:

(1) That the State of Colorado 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.

(2) That this 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.

Be It Further Resolved, That copies of this Resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and Colorado's Congressional delegation.


--

[Page: H3781]
House Joint Resolution 94-1027, Colorado State Legislature
Whereas, The Constitution of the United States envisions sovereign states and guarantees the states a republican form of government in which decisions are made by the elected representatives of the people; and

Whereas, The state and local governments in Colorado are losing their power to act on behalf of their citizens, as the power of government is moving farther away from the people into the hands of federal agencies and officials who are not elected and who are unaware of the needs and concerns of Colorado and other states; and

Whereas, With increasing and alarming frequency important decisions affecting the lives of Colorado citizens are being made by the federal government in the form of both funded and unfunded federal mandates imposed on the states; and

Whereas, Congress fails to provide adequate means to implement many of the federal mandates directed to the states which places state governments in a vice that threatens to squeeze state resources beyond their limits; and

Whereas, Imposition of unfunded federal mandates requires states to fund the federal requirements with diminishing state revenues or jeopardize their eligibility for certain federal funds; and

Whereas, The states and Congress should engage in earnest discussions to resolve the difficult position that states are forced into by their efforts to comply with the growing number of unfunded federal mandates, because their trend could eliminate state flexibility to effectively deal with local problems as limited state resources are diverted to funding federally mandated programs; and

Whereas, Federal mandates threaten the fiscal integrity of the states and their right of self-determination; and

Whereas, The United States Advisory Commission on Intergovernmental Relations recommended in a July 1993 report that `the federal government institute a moratorium on mandates for at least two years and conduct a review of mandating to restore balance, partnership, and state and local self-government in the federal system' and that the `Supreme Court reexamine the constitutionality of mandating as a principle'; and

Whereas, Numerous federal laws impose mandates on the state of Colorado, including, but not limited to the following: Asbestos School Hazard Abatement Act; Family and Medical Leave Act; Safe Drinking Water Act; Clean Air Act; Americans with Disabilities Act; National Voter Registration Act; Title XIX of the federal `Social Security Act'; and Water Pollution Control Act; and

Whereas, The members of the Colorado General Assembly want the members of the Colorado congressional delegation to fully understand the impact the actions of the federal government have on the state of Colorado, especially the difficulties imposed on the General Assembly in its effort to allocate resources to a large number of pressing state needs; and

Whereas, The federal court system affords a means to liberate the states from the grip of federal mandates and to give the power to govern back to the people; now, therefore,

Be It Resolved by the House of Representatives of the Fifty-ninth General Assembly of the State of Colorado, the Senate concurring herein:

That legal action challenging the constitutionality of both funded and unfunded federal mandates, the court rulings that hinder state management of state issues, and the authority of the federal government to mandate state action is necessary to restore, maintain, and advance the state of Colorado's sovereignty and authority over issues that affect Colorado and the well-being of its citizens.

Be It Further Resolved, That the Colorado Attorney General examine and challenge by legal action, in the name of and on behalf of the state of Colorado, federal mandates, court rulings, the authority granted to or assumed by the federal government, and laws, regulations and practices of the federal government to the extent they infringe on the state of Colorado's sovereignty or authority over issues affecting its citizens.

Be It Further Resolved, That all of the states are urged to participate in any legal action brought pursuant to this joint resolution and that the Colorado Attorney General shall request and encourage such participation and shall cooperate with other states in any legal action that includes issues of joint concern.

Be It Further Resolved, That copies of this joint resolution be sent to the Attorney General and presiding officers of both houses of the legislatures of each of the states in the United States, the President of the United States, the Clerk of the United States House of Representatives, the Secretary of the United States Senate, and to each member of the Colorado Congressional Delegation.


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« Reply #10 on: April 19, 2009, 03:23:20 PM »

Using same search parameters above, I found this: MOST INTERESTING!

Quote
`House Resolution 1047
`Whereas, President Clinton has affirmed that his foreign policy regarding the deployment of United States military forces under the authority of the United Nations will bear little change from that of his predecessor; and

`Whereas, the constitutional role of the United States military is to protect the life, liberty and property of United States citizens and to defend our nation against insurrection or foreign invasion; and

`Whereas, the United States is an independent sovereign nation and not a tributary of the United Nations; and

`Whereas, there is no popular support for the establishment of a `new world order' or world sovereignty of any kind either under the United Nations or under any world body in any form of global government; and

`Whereas, global government would mean the destruction of our Constitution and corruption of the spirit of the Declaration of Independence, our freedom, and our way of life: Now, therefore, be it

`Resolved by the House of Representatives of the 2nd Session of the 44th Oklahoma Legislature, That the United States Congress is hereby memorialized to:

`1. Cease the appropriation of United States funds for any military activity not authorized by Congress;

`2. Cease engagement in any military activity under the authority of the United Nations or any world body;

`3. Cease the rendering of aid to any activity or engagement under the jurisdiction of the United Nations or any world body; and

`4. Cease any support for the establishment of a `new world order' or to any form of global government.

`That the United States Congress is hereby memorialized to refrain from taking any further steps toward the economic or political merger of the United States into a world body or any form of world government.

`That copies of this resolution be distributed to the Clerk of the United States House of Representatives, the Secretary of the United States Senate, and to each member of the Oklahoma Congressional Delegation.'
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« Reply #11 on: April 19, 2009, 03:28:40 PM »

Senate Resolution 32
`Whereas, the Tenth Amendment to the Constitution of the United States of America 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 Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States of America and no more; and

`Whereas, the scope of power defined by the Tenth 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 treated as agents of the federal government; and

`Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly of the Commonwealth of Kentucky without any response or result from the Congress or the federal government; and

`Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States of America; and

`Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress simply may not 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 the Congress may further violate the Tenth Amendment to the Constitution of the United States of America: Now, therefore, be it

`Resolved by the Senate of the General Assembly of the Commonwealth of Kentucky:

`Section 1. That the Commonwealth of Kentucky hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States of America over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States of America.

`Section 2. That this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, issuing mandates to the states that are beyond the scope of its constitutionally-delegated powers.

`Section 3. That the Clerk of the Senate is directed to send copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Speaker of the House and President of the Senate of each state's legislature of the United States of America, and Kentucky's Congressional delegation.'


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« Reply #12 on: April 19, 2009, 03:29:45 PM »

MEMORIALS (House of Representatives - April 18, 1994)


[Page: H2397]Under clause 4 of rule XXII, memorials were presented and referred as follows:

333. The SPEAKER: Memorial of the Legislature of the State of Idaho, relative to the tenth amendment to the Constitution; to the Committee on Education and Labor.
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« Reply #13 on: April 19, 2009, 03:41:12 PM »

MEMORIALS (House of Representatives - June 14, 1994)

[Page: H4447]Under clause 4 of rule XXII, memorials were presented and referred as follows:

426. Also, memorial of the House of Representatives of the State of New Hampshire, relative to the Federal Mandates Relief Act of 1993; to the Committee on Government Operations.
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« Reply #14 on: April 19, 2009, 03:49:44 PM »

MEMORIALS (House of Representatives - December 01, 1994)
[Page: H11572]
Under clause 4 of the rule XXII, memorials were presented and referred as follows:
[Omitted from the Record of November 29, 1994 ]

506. Also, memorial of the House of Representatives of the Commonwealth of Pennsylvania, relative to restating State sovereignty; to the Committee on the Judiciary.
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« Reply #15 on: April 20, 2009, 09:47:23 AM »

These are now incorporated into the main document at:
http://www.scribd.com/doc/13407482/10th-Amendment-Sovereignty-Movement-Legislation-Per-State
http://www.mediafire.com/download.php?fnwjjzzidwm


The Clinton related Oklahoma post above is not in this document. That is there for you to spread around to show how far back this fight goes and that some States were wise enough to see that we had a problem back then. However, many people have been telling us we've had a problem even longer, but it fell on deaf ears until now. You can no longer deny what's happening to America because it is right in your face. SO GET UP AND GET ACTIVE!


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