H-1264.2  _______________________________________________

                     HOUSE JOINT MEMORIAL 4019

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Benton, Cairnes, Carrell, Beeksma, D. Schmidt, McMahan, Thompson and Buck

Read first time 02/08/95.  Referred to Committee on Government Operations.

Declaring sovereignty over matters under the Tenth Amendment to the United States Constitution.

    TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

    We, the Senate and House of Representatives of Washington State, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, The 10th Amendment to the Constitution for 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, Article I, Section 8 of the Constitution for the United States specifically defines the total scope of power and no more that has been granted to Congress by the People of the several States; and

    WHEREAS, Article II of the Constitution for the United States enumerates the powers, duties and responsibilities of the office of President of the United States; and

    WHEREAS, Article X of the Bill of Rights clearly states that neither the Congress, the President nor the Judicial branch of the United States shall delegate unto themselves or each other any powers not specifically enumerated in the Constitution for the United States; and

    WHEREAS, Today, in the mid-1990's, the states are demonstrably treated as agents of the federal government; and

    WHEREAS, Numerous resolutions have been forwarded to the federal government by the Washington State Legislature without receiving any positive response or result from Congress, the federal government or its agencies; and

    WHEREAS, Many federal actions, laws, proclamations, mandates and presidential orders are in direct violation of the Constitution for the Untied 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 federal 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 and the Senate:

    (1) That Washington State hereby claims sovereignty as provided in the 10th Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by the people and the several States respectively through the Constitution for the United States; and

    (2) That this serve as Constructive Notice and Demand to the federal government, to cease and desist, effective immediately, actions and mandates that are beyond their scope of constitutionally delegated powers.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from Washington State.

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