[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1006 Introduced in House (IH)]
111th CONGRESS
2d Session
H. RES. 1006
Reaffirming the commitment of the House of Representatives to safeguard
and uphold the 10th Amendment to the Constitution of the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2010
Mr. Rooney submitted the following resolution; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Reaffirming the commitment of the House of Representatives to safeguard
and uphold the 10th Amendment to the Constitution of the United States.
Whereas the 10th Amendment to the Constitution of the United States, ratified on
December 15, 1791, states, ``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.'';
Whereas the 10th Amendment expressly limits the powers of the Federal Government
to those delegated by the Constitution and reaffirms and protects the
freedom of the States to exercise those that are not;
Whereas the 10th Amendment reflects the opposition of the Founding Fathers to a
Federal Government with expansive powers; their intention for the powers
of the States to act as a check on those of the Federal Government; and
their concern that the Federal Government would attempt to usurp powers
intended to remain with the States;
Whereas James Madison, in The Federalist No. 45, wrote, ``The powers delegated
by the proposed Constitution to the Federal Government are few and
defined. Those which are to remain in the State governments are numerous
and indefinite.'';
Whereas the Supreme Court, in United States v. Sprague, 282 U.S. 716 (1931),
noted, ``The Tenth Amendment was intended to confirm the understanding
of the people at the time the Constitution was adopted, that powers not
granted to the United States were reserved to the States or to the
people.'';
Whereas the Supreme Court, in Fry v. United States, 421 U.S. 542 (1975), also
noted, ``The Amendment expressly declares the constitutional policy that
Congress may not exercise power in a fashion that impairs the States'
integrity or their ability to function effectively in a federal
system.''; and
Whereas it is the responsibility of Congress to safeguard the 10th Amendment and
to recognize that it is as vital and valuable today as on the date of
its ratification: Now, therefore, be it
Resolved, That the House of Representatives recognizes the value
and importance of the 10th Amendment to the Constitution of the United
States and reaffirms its commitment to safeguard and uphold the 10th
Amendment.
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