[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-646. A petition from a citizen of the State of Texas 
     relative to the regulation of minerals and natural resources; 
     to the Committee on the Judiciary.
       POM-647. A resolution adopted by the Senate of the 
     Commonwealth of Kentucky; to the Committee on Governmental 
     Affairs.

                         ``Senate Resolution 32

       ``Whereas, the Tenth Amendment to the Constitution of the 
     United States of America 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 Tenth Amendment defines the total scope of 
     federal power as being that specifically granted by the 
     Constitution of the United States of America and no more; and
       ``Whereas, the scope of power defined by the Tenth 
     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 treated as agents 
     of the federal government; and
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by the General Assembly of the 
     Commonwealth of Kentucky without any response or result from 
     the Congress or the federal government; and
       ``Whereas, many federal mandates are directly in violation 
     of the Tenth Amendment to the Constitution of the United 
     States of America; and
       ``Whereas, the United States Supreme Court has ruled in New 
     York v. United States, 112 S. Ct. 2408 (1992), that Congress 
     simply may not 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 the Congress may further violate the 
     Tenth Amendment to the Constitution of the United States of 
     America: Now, therefore, be it
       ``Resolved by the Senate of the General Assembly of the 
     Commonwealth of Kentucky:
       ``Section 1. That the Commonwealth of Kentucky hereby 
     claims sovereignty under the Tenth Amendment to the 
     Constitution of the United States of America over all powers 
     not otherwise enumerated and granted to the federal 
     government by the Constitution of the United States of 
     America.
       ``Section 2. That this serve as Notice and Demand to the 
     federal government, as our agent, to cease and desist, 
     effective immediately, issuing mandates to the states that 
     are beyond the scope of its constitutionally-delegated 
     powers.
       ``Section 3. That the Clerk of the Senate is directed to 
     send copies of this resolution 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 President of the Senate of each 
     state's legislature of the United States of America, and 
     Kentucky's Congressional delegation.''

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