SR17: Resolution Text

LRB-4834/1

SRM:cjs:rs

2005 - 2006 LEGISLATURE

2005 Senate RESOLUTION 17

March 21, 2006 - Introduced by Senators Leibham and Grothman. Referred to Committee on Senate Organization.

SR17,1,1 Relating to: state sovereignty.

SR17,1,5 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

SR17,1,7 Whereas, the 10th Amendment defines the total scope of federal power as being only that specifically granted by the U.S. Constitution and no more; and

SR17,1,10 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

SR17,1,12 Whereas, today the states are demonstrably treated as agents of the federal government; and

SR17,1,15 Whereas, numerous resolutions opposing federal encroachment on state powers have been forwarded to the federal government by the legislature without any response or result from Congress or the federal government; and

SR17,2,2 Whereas, many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States; and

SR17,2,5 Whereas, the U.S. 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

SR17,2,8 Whereas, a number of federal proposals from previous administrations and some now pending from the present administration and from Congress may further violate the U.S. Constitution; now, therefore, be it

SR17,2,12 Resolved by the senate, That the state of Wisconsin 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 U.S. Constitution; and, be it further

SR17,2,16 Resolved, That adoption of this resolution does not constitute an application by the legislature of the state of Wisconsin for the calling of a federal Constitutional Convention within the meaning of Article V of the U.S. Constitution; and, be it further

SR17,2,19 Resolved, That this resolution shall 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

SR17,2,23 Resolved, That the senate chief clerk shall provide copies of this resolution to the President of the United States, the speaker of the U.S. house of representatives, the presiding officer of each house of each state legislature of the United States, and each member of this state's congressional delegation.

SR17,2,24 (End)