HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. HJM 4002

State Sovereignty/Tenth Amendment               Public Hrg: 2/28/97

Brief Title

Reps. Koster/Sherstad/Smith                         Staff Contact: S. Lundin

Sponsor                                    Comm. on Govt. Admin.

                                           Phone: 786-7127

BACKGROUND:

The federal government is a government of limited, enumerated, and delegated powers, and thus may not exercise any authority not specifically granted to it by the U.S. Constitution.  The 10th Amendment provides that Athe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people.@

The U.S. Constitution grants the federal government a number of express powers.  These powers include in part the power to lay and collect taxes, duties, imposts, and excises, the power to pay the debts and provide for the common defense and general welfare of the United States, and the power to regulate commerce with foreign nations and among the states.  In addition, Congress may make all laws which are necessary and proper for carrying out the powers that are vested by the U.S. Constitution in the federal government. 

SUMMARY:

The Senate and House of Representatives of the State of Washington resolve that the State of Washington claims sovereignty under the 10th Amendment over all powers that have not been enumerated and granted to the federal government by the U.S. Constitution, and demand that the federal government cease and desist immediately all mandates that are beyond the scope of its constitutionally delegated powers.

FISCAL NOTE:  Not Requested.