[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.
                                 <all>