85R2290 KSM-F     By: Keough H.C.R. No. 26       CONCURRENT RESOLUTION          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 as 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 2017, the states are conversely treated as   agents of the federal government, and many federal laws are   directly in violation of the Tenth Amendment to the Constitution of   the United States of America; and          WHEREAS, The Tenth Amendment assures that we, the people of   the United States of America, and each sovereign state in the Union   of States, now have, and have always had, rights the federal   government may not usurp; and          WHEREAS, Section 4, Article IV, of the United States   Constitution says, in part, "The United States shall guarantee to   every State in this Union a Republican Form of Government," and the   Ninth Amendment states, "The enumeration in the Constitution, of   certain rights, shall not be construed to deny or disparage others   retained by the people"; and          WHEREAS, Actions taken by previous presidents and by Congress   may further violate the Constitution of the United States of   America; now, therefore, be it          RESOLVED, That the 85th Legislature of the State of Texas   hereby claim 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; 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 these   constitutionally delegated powers; and, be it further          RESOLVED, That all compulsory federal legislation or   executive action that directs states to comply under threat of   civil or criminal penalties or sanctions or that requires states to   pass legislation or lose federal funding be prohibited or repealed;   and, be it further          RESOLVED, That the Texas secretary of state forward official   copies of this resolution to the president of the United States, to   the president of the Senate and the speaker of the House of   Representatives of the United States Congress, and to all members   of the Texas delegation to Congress with the request that this   resolution be officially entered in the Congressional Record as a   memorial to the Congress of the United States of America.