[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2916 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2916

 To enforce the tenth article of amendment to the Constitution of the 
 United States as it relates to the autonomous sovereign police powers 
                             of the States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2011

   Mr. Culberson (for himself and Mr. Bishop of Utah) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To enforce the tenth article of amendment to the Constitution of the 
 United States as it relates to the autonomous sovereign police powers 
                             of the States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tenth Amendment Enforcement Act''.

SEC. 2. PROTECTION OF STATE POLICE POWERS.

    (a) Reaffirmation of State Police Powers.--Except as limited by the 
minimum due process and equal protection requirements imposed on the 
States by the 14th article of amendment to the United States 
Constitution and by requirements imposed on State or local governments 
as a condition of receiving Federal funds, the Congress reaffirms each 
State's autonomous sovereign police powers under the 10th article of 
amendment to the Constitution to preserve and protect the safety, 
security, and property of the citizens of the State without 
interference or oversight from Federal authorities.
    (b) Civil Action by Governor or Member of the State Legislature.--
            (1) In addition to any other remedy which may exist, in 
        order to protect the State's sovereign authority to determine 
        for itself the appropriate means to preserve and protect the 
        safety, security, and property of the citizens of the State, 
        the chief executive or a member of the legislature of a State 
        may, in a civil action in that chief executive's or member's 
        official capacity, obtain declaratory or injunctive relief--
                    (A) to remedy any action taken by a Federal 
                authority that attempts to interfere with the State's 
                sovereign authority; or
                    (B) to obtain compliance with section 4 of article 
                IV of the Constitution of the United States.
            (2) The plaintiff commencing a civil action under this 
        subsection is immune from civil liability resulting from the 
        plaintiff's participation in that civil action, including 
        liability for any attorney fees, costs, and sanctions that may 
        be awarded in connection with the civil action.
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