[Congressional Record Volume 140, Number 64 (Friday, May 20, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    CONGRESS EXCEEDS DELEGATED POWERS IN ITS MANDATES TO THE STATES

  (Mr. HEFLEY asked and was given permission to address the House for 1 
minute and to revise and extend his remarks and include extraneous 
matter.)
  Mr. HEFLEY. Mr. Speaker, yesterday I received two resolutions from 
the Colorado State Legislature, and I would like to share those with 
the Members and put them in the Record as a reminder to us.
  The first resolution talks about the 10th amendment and reminds us 
that the powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are States' powers, powers of the 
people, and that we should keep our hands off of that.
  The second one goes a little further. The second one says, ``We have 
had it, we are tired of it, and we are not going to take it any more.'' 
They have instructed the attorney general of the State of Colorado to 
file legal action against the United States of America to say, ``You 
cannot do this any more based on the Constitution,'' and they have 
encouraged other States to join with them in this suit.
  We must change the way we look. We cannot sit here on the Potomac and 
pretend that we are all-wise and all-powerful, and that we have the 
corner on what is best for every State in the Union. The Federal 
Government, Mr. Speaker, did not create the States for its benefit, the 
States created the Federal Government for their benefit. We have to 
change the way we look at this.
  Mr. Speaker, I include for the Record the two resolutions referred 
to:

       House Joint Resolution 94-1035, Colorado State Legislature

       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
       Whereas, The 10th Amendment defined the total scope of 
     federal power as being that specifically granted by the 
     United States Constitution and no more; and
       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
       Whereas, Today, in 1994, the states are demonstrably 
     treated as agents of the federal government; and
       Whereas, Numerous resolutions have been forwarded to the 
     federal government by the Colorado General Assembly without 
     any response or result from Congress or the federal 
     government; and
       Whereas, Many federal mandates are directly in violation of 
     the 10th Amendment to the Constitution of the United States; 
     and
       Whereas, The United States 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
       Whereas, A number of proposals from previous 
     administrations and some now pending from the present 
     administration and from Congress may further violate the 
     United States Constitution; now, therefore,
       Be It Resolved by the House of Representatives of the 
     Fifty-ninth General Assembly of the State of Colorado, the 
     Senate concurring herein:
       (1) That the State of Colorado 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 United States Constitution.
       (2) That this 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.
       Be It Further Resolved, That copies of this Resolution be 
     sent to the President of the United States, the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, the Speaker of the House and the 
     President of the Senate of each state's legislature of the 
     United States of America, and Colorado's Congressional 
     delegation.
                                  ____


       House Joint Resolution 94-1027, Colorado State Legislature

       Whereas, The Constitution of the United States envisions 
     sovereign states and guarantees the states a republican form 
     of government in which decisions are made by the elected 
     representatives of the people; and
       Whereas, The state and local governments in Colorado are 
     losing their power to act on behalf of their citizens, as the 
     power of government is moving farther away from the people 
     into the hands of federal agencies and officials who are not 
     elected and who are unaware of the needs and concerns of 
     Colorado and other states; and
       Whereas, With increasing and alarming frequency important 
     decisions affecting the lives of Colorado citizens are being 
     made by the federal government in the form of both funded and 
     unfunded federal mandates imposed on the states; and
       Whereas, Congress fails to provide adequate means to 
     implement many of the federal mandates directed to the states 
     which places state governments in a vice that threatens to 
     squeeze state resources beyond their limits; and
       Whereas, Imposition of unfunded federal mandates requires 
     states to fund the federal requirements with diminishing 
     state revenues or jeopardize their eligibility for certain 
     federal funds; and
       Whereas, The states and Congress should engage in earnest 
     discussions to resolve the difficult position that states are 
     forced into by their efforts to comply with the growing 
     number of unfunded federal mandates, because their trend 
     could eliminate state flexibility to effectively deal with 
     local problems as limited state resources are diverted to 
     funding federally mandated programs; and
       Whereas, Federal mandates threaten the fiscal integrity of 
     the states and their right of self-determination; and
       Whereas, The United States Advisory Commission on 
     Intergovernmental Relations recommended in a July 1993 report 
     that ``the federal government institute a moratorium on 
     mandates for at least two years and conduct a review of 
     mandating to restore balance, partnership, and state and 
     local self-government in the federal system'' and that the 
     ``Supreme Court reexamine the constitutionality of mandating 
     as a principle''; and
       Whereas, Numerous federal laws impose mandates on the state 
     of Colorado, including, but not limited to the following: 
     Asbestos School Hazard Abatement Act; Family and Medical 
     Leave Act; Safe Drinking Water Act; Clean Air Act; Americans 
     with Disabilities Act; National Voter Registration Act; Title 
     XIX of the federal ``Social Security Act''; and Water 
     Pollution Control Act; and
       Whereas, The members of the Colorado General Assembly want 
     the members of the Colorado congressional delegation to fully 
     understand the impact the actions of the federal government 
     have on the state of Colorado, especially the difficulties 
     imposed on the General Assembly in its effort to allocate 
     resources to a large number of pressing state needs; and
       Whereas, The federal court system affords a means to 
     liberate the states from the grip of federal mandates and to 
     give the power to govern back to the people; now, therefore,
       Be It Resolved by the House of Representatives of the 
     Fifty-ninth General Assembly of the State of Colorado, the 
     Senate concurring herein:
       That legal action challenging the constitutionality of both 
     funded and unfunded federal mandates, the court rulings that 
     hinder state management of state issues, and the authority of 
     the federal government to mandate state action is necessary 
     to restore, maintain, and advance the state of Colorado's 
     sovereignty and authority over issues that affect Colorado 
     and the well-being of its citizens.
       Be It Further Resolved, That the Colorado Attorney General 
     examine and challenge by legal action, in the name of and on 
     behalf of the state of Colorado, federal mandates, court 
     rulings, the authority granted to or assumed by the federal 
     government, and laws, regulations and practices of the 
     federal government to the extent they infringe on the state 
     of Colorado's sovereignty or authority over issues affecting 
     its citizens.
       Be It Further Resolved, That all of the states are urged to 
     participate in any legal action brought pursuant to this 
     joint resolution and that the Colorado Attorney General shall 
     request and encourage such participation and shall cooperate 
     with other states in any legal action that includes issues of 
     joint concern.
       Be It Further Resolved, That copies of this joint 
     resolution be sent to the Attorney General and presiding 
     officers of both houses of the legislatures of each of the 
     states in the United States, the President of the United 
     States, the Clerk of the United States House of 
     Representatives, the Secretary of the United States Senate, 
     and to each member of the Colorado Congressional Delegation.

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