LRB-1273/1
SRM:wlj:md
2009 - 2010 LEGISLATURE
May 8, 2009 - Introduced by Representatives Nygren, Vos, Kerkman, Vukmir,
Gunderson, Kestell, Strachota, Kramer, Meyer, Roth, Pridemore, Mursau,
Kaufert, Newcomer, Bies, Friske, Gundrum, Nass, Tauchen, Townsend,
Knodl, Petersen, Ballweg, Lothian, LeMahieu and M. Williams,
cosponsored by Senators Leibham, Lazich, S. Fitzgerald, Grothman, A. Lasee,
Darling, Kedzie and
Schultz. Referred to Committee on State Affairs and
Homeland Security.
AJR51,1,52
Whereas, the Tenth Amendment to the Constitution of the United States reads
3as follows: "The powers not delegated to the United States by the Constitution, nor
4prohibited by it to the States, are reserved to the States respectively, or to the people";
5and
AJR51,1,76
Whereas, the Tenth Amendment defines the total scope of federal power as
7being only that specifically granted by the U.S. Constitution and no more; and
AJR51,1,108
Whereas, the scope of power defined by the Tenth Amendment means that the
9federal government was created by the states specifically to be an agent of the states;
10and
AJR51,1,1211
Whereas, today the states are demonstrably treated as agents of the federal
12government; and
AJR51,1,1413
Whereas, many federal mandates are directly in violation of the Tenth
14Amendment to the Constitution of the United States; and
AJR51,2,3
1Whereas, the U.S. Supreme Court has ruled in
New York v. United States, 112
2S. Ct. 2408 (1992) that Congress may not simply commandeer the legislative and
3regulatory processes of the states; and
AJR51,2,64
Whereas, a number of federal proposals from previous administrations and
5some now pending from the present administration and from Congress may further
6violate the U.S. Constitution; now, therefore, be it
AJR51,2,10
7Resolved by the assembly, That the state of Wisconsin hereby claims
8sovereignty under the Tenth Amendment to the Constitution of the United States
9over all powers not otherwise enumerated and granted to the federal government by
10the U.S. Constitution; and, be it further
AJR51,2,13
11Resolved, That this resolution shall serve as notice and demand to the federal
12government, as our agent, to cease and desist, effective immediately, mandates that
13are beyond the scope of its constitutionally delegated powers; and, be it further
AJR51,2,17
14Resolved, That the assembly chief clerk shall provide copies of this resolution
15to the president of the United States, the speaker of the U.S. House of
16Representatives, the presiding officer of each house of each state legislature of the
17United States, and each member of this state's congressional delegation.
