[Congressional Record Volume 141, Number 89 (Friday, May 26, 1995)]
[Senate]
[Pages S7612-S7615]
From the Congressional Record Online through the Government Publishing Office [www.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-136. A resolution adopted by the Board of Commissioners 
     of Ferry County, Washington; to the Committee on Governmental 
     Affairs.
       POM-137. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Governmental Affairs.

                      ``Legislative Resolve No. 3

       ``Whereas the Tenth Amendment to the Constitution of the 
     United States 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.; and
       ``Whereas the Tenth Amendment defines 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 Tenth Amendment 
     means that the federal government was created by the states 
     specifically to be an agent of the states; and
       ``Whereas today, the states are demonstrably treated as 
     agents of the federal government; and
       ``Whereas many federal mandates are directly in violation 
     of the Tenth Amendment; and
       ``Whereas The United States Supreme Court has ruled in New 
     York v. United States, 112 S.Ct. 2408 (1992), that the 
     Congress may not simply commandeer the legislative processes 
     of the states; and
       ``Whereas a number of proposals now pending before the 
     Congress may further violate the Tenth Amendment of the 
     United States Constitution; and
       ``Whereas numerous resolutions addressing various mandates 
     imposed on the states by federal law have been sent to the 
     federal government by the Alaska State Legislature without 
     any response or result; and
       ``Whereas the United States Constitution envisions 
     sovereign states and guarantees the states a republican form 
     of government; and
       ``Whereas Alaska and its municipalities are losing their 
     power to act on behalf of [[Page S7613]] state citizens as 
     the power of government is moving farther away from the 
     people into the hands of federal agencies composed of 
     officials who are not elected and who are unaware of the 
     needs of Alaska and the other states; and
       ``Whereas the federal court system affords a means to 
     liberate the states from the grips of federal mandates; Now, 
     therefore, be it
       ``Resolved, That the Alaska State Legislature hereby claims 
     sovereignty under the Tenth Amendment to the Constitution of 
     the United States over all powers not otherwise enumerated 
     and granted to the federal government by that constitution; 
     and be it further
       ``Resolved, That this resolution serves as notice and 
     demand to the federal government to cease and desist, 
     effective immediately, imposing mandates on the states that 
     are beyond the scope of its constitutionally delegated 
     powers; and be it further
       ``Resolved, That the Governor is respectfully requested to 
     examine and challenge by legal action on behalf of the state, 
     federal mandates contained in court rulings, federal laws and 
     regulations, or federal practices to the extent those 
     mandates infringe on the sovereignty of Alaska or the state's 
     authority over issues affecting its citizens; and be it 
     further
       ``Resolved, That Alaska's sister states are urged to 
     participate in any legal action brought under this 
     resolution.''
                                                                    ____

       POM-138. A concurrent resolution adopted by the Legislature 
     of the State of Arkansas; to the Committee on Governmental 
     Affairs.

                     ``Senate Concurrent Resolution

       ``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 defines 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 the states are demonstrably treated as 
     agents of the federal government; and
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by the Arkansas 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 Senate of the Eightieth General Assembly 
     of the State of Arkansas, the House of Representatives 
     concurring therein:
       ``(1) That the State of Arkansas 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 by the Secretary of the Senate to the President of the 
     United States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     the presiding officers of each chamber of the legislatures of 
     the several states, and Arkansas' Congressional Delegation.''
                                                                    ____

       POM-139. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Governmental 
     Affairs.

                   ``House Concurrent Resolution 2015

       ``Whereas, the Tenth 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 Tenth Amendment defines the total scope of 
     federal power as being that specifically granted by the 
     United States Constitution and no more; and
       ``Whereas, today the states are demonstrably treated as 
     agents of the federal government; and
       ``Whereas, many federal mandates are directly in violation 
     of the Tenth 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. 2409 (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 State of 
     Arizona, the Senate concurring:
       ``1. That the State of Arizona hereby claims sovereignty 
     under the Tenth 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.
       ``3. That the Secretary of State of the State of Arizona 
     transmit copies of this Concurrent 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 of Representatives 
     and the President of the Senate of each state's legislature 
     of the United States of America, and the Arizona 
     Congressional delegation.''
                                                                    ____

       POM-140. A joint resolution adopted by the Legislature of 
     the State of Maine; to the Committee on Governmental Affairs.

                           ``Joint Resolution

       ``Whereas, the Tenth Amendment to the United States 
     Constitution 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 power specifically granted by the 
     United States Constitution 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, many federal mandates may be in direct violation 
     of the Tenth Amendment to the United States Constitution; 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; and
       ``Whereas, the Congress of the United States has also 
     passed numerous laws that have protected individual freedom 
     and liberty and promoted the general welfare of all 
     Americans, including, but not limited to, the Civil Rights 
     Act and the Voting Rights Act; Now, therefore, be it
       ``Resolved, That we, your Memorialists, on behalf of the 
     people of the State of Maine, claim sovereignty under the 
     Tenth Amendment to the United States Constitution over all 
     powers not otherwise enumerated and granted to the Federal 
     Government by the Constitution; and be it further
       ``Resolved, That this memorial 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; and be it further
       ``Resolved, That nothing in this resolution may be 
     construed to demonstrate lack of support for federal 
     legislation protecting individual freedom and liberty and 
     promoting the general welfare of all Americans, including, 
     but not limited to, the Civil Rights Act and the Voting 
     Rights Act; and be it further
       ``Resolved, That suitable copies of this Memorial, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable William J. Clinton, President of the United 
     States, the President of the Senate and the Speaker of the 
     House of Representatives of the Congress of the United 
     States, and the Majority leader of the United States 
     Senate.''
                                                                    ____

       POM-141. A concurrent resolution adopted by the Legislature 
     of the State of Michigan; to the Committee on Governmental 
     Affairs.

                 ``House Concurrent Resolution No. 945

       ``Whereas, the Tenth 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 Tenth Amendment defines the total scope of 
     federal power as being the authority specifically granted by 
     the United States constitution 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 demonstrably 
     treated as agents of the federal government; and
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by the Michigan Legislature without any 
     response or result from 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; 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 presidential 
     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 (the Senate 
     concurring), That the Michigan [[Page S7614]] Legislature 
     hereby asserts Michigan's sovereignty under the Tenth 
     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; and be it 
     further
       ``Resolved, That we hereby memorialize the federal 
     government, as our agent, to cease and desist, effective 
     immediately, mandates that are beyond the scope of its 
     constitutionally delegated powers; and be it further
       ``Resolved, That copies of this resolution be transmitted 
     to the President of the United States Senate, the Speaker of 
     the United States House of Representatives, the presiding 
     officer of the legislative bodies of each of the states and 
     the members of the Michigan congressional delegation.''
                                                                    ____

       POM-142. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Governmental 
     Affairs.

                    ``Senate Joint Resolution No. 1

       ``Whereas, the 10th Amendment to the Constitution of the 
     United States states that 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 confirms that the scope of 
     power of the Federal Government is no more than that which is 
     specifically enumerated and delegated to the Federal 
     Government by the Constitution of the United States; and
       ``Whereas, the power of the states, as stated in the 10th 
     Amendment, indicates that the Federal Government was created 
     by the several states specifically to act as an agent of the 
     states; and
       ``Whereas, by requiring the various states to carry out 
     certain federal mandates, the Federal Government is 
     demonstrably treating the states as agents of the Federal 
     Government; and
       Whereas, many federal mandates may be in direct violation 
     of the Constitution of the United States, and may, therefore, 
     infringe upon the powers reserved to the states or to the 
     people by the 10th Amendment; and
       ``Whereas, in the case of New York v. United States, 112 
     S.Ct. 2408 (1992), the Supreme Court of the United States 
     stated that the Congress of the United States may not simply 
     commandeer the legislative and regulatory processes of the 
     states, and that Congress exercises its conferred powers 
     subject to the limitations contained in the Constitution; and
       ``Whereas, numerous proposals from previous presidential 
     administrations and some now proposed by the current 
     presidential administration and Congress may further violate 
     the 10th Amendment and other provisions of the Constitution 
     of the United States; Now, therefore, be it
       ``Resolved by the Senate and Assembly of the State of 
     Nevada, jointly, That the State of Nevada hereby claims 
     sovereignty pursuant to the 10th Amendment to the 
     Constitution of the United States over all powers not 
     otherwise enumerated and delegated to the Federal Government 
     by the Constitution of the United States; and be it further
       ``Resolved, That this resolution serve as a notice and 
     demand to the Federal Government, as the agent of the State 
     of Nevada, to cease and desist immediately the enactment and 
     enforcement of mandates which are beyond the scope of the 
     enumerated powers delegated to the Federal Government by the 
     Constitution of the United States; and be it further
       ``Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the vice President of the United States as 
     presiding officer of the Senate, the Speaker of the House of 
     Representatives and each member of the Nevada Congressional 
     Delegation; and be it further
       ``Resolved That this resolution becomes effective upon 
     passage and approval.''
                                                                    ____

       POM-143. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Governmental 
     Affairs.

                    ``Senate Joint Resolution No. 4

       ``Whereas, since the mid-1980s, Congress has increasingly 
     shifted the cost of federally mandated programs to the 
     states; and
       ``Whereas, educational programs mandated by the Federal 
     Government seriously impair the ability of a state to 
     establish the academic, social and nutritional programs that 
     it determines are best suited to the particular educational 
     situation in the state; and
       ``Whereas, the 10th Amendment to the Constitution of the 
     United States defines the total scope of federal power as 
     being that specifically granted by the United States 
     Constitution and no more; and
       ``Whereas, requiring the states to carry out certain 
     educational programs enables Congress to expand its federal 
     power and encroach upon the states' power; now, therefore, be 
     it
       ``Resolved by the Senate and Assembly of the State of 
     Nevada, Jointly, That the Nevada Legislature hereby urges 
     that before Congress adopts legislation which mandates the 
     states to provide particular educational programs, Congress 
     determines the approximate amount of money it will cost the 
     respective states to comply with the mandate; and be it 
     further
       ``Resolved, That the Nevada Legislature hereby urges 
     Congress not to enact any mandate requiring the state to 
     provide educational programs in violation of the scope of the 
     enumerated powers delegated to the Federal Government by the 
     Constitution of the United States; and be it further
       ``Resolved, That copies of this resolution be transmitted 
     forthwith by the Secretary of the Senate to the Vice 
     President of the United States as presiding officer of the 
     Senate, the Speaker of the House of Representatives and each 
     member of the Nevada Congressional Delegation; and be it 
     further
       ``Resolved, That this resolution becomes effective upon 
     passage and approval.''
                                                                    ____

       POM-144. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Governmental 
     Affairs.

                   ``Assembly Joint Resolution No. 9

       ``Whereas, the Lake Tahoe Basin is an area of significant 
     and often unparalleled scenic, recreational, educational, 
     scientific and natural value for the states of California and 
     Nevada as well as the entire nation; and
       ``Whereas, the natural beauty of the Lake Tahoe Basin has 
     attracted increasing numbers of visitors and residents to the 
     area in the past 25 years, thereby increasing the amount of 
     traffic congestion and air pollution in the basin; and
       ``Whereas, the Lake Regional Planning Agency, pursuant to 
     its authority under the provisions of the Tahoe Regional 
     Planning Compact, has created a regional transportation plan 
     which calls for the delivery of mail from door to door in the 
     Lake Tahoe Basin as a means of reducing the total number of 
     miles traveled by vehicles in the basin; and
       ``Whereas, the Tahoe Regional Planning Agency has similarly 
     created a postal service action plan which also provides for 
     the implementation of a program for the delivery of mail from 
     door to door, as well as other programs such as the delivery 
     of mail to neighborhood cluster boxes; and
       ``Whereas, although the delivery of mail from door to door 
     has been initiated in certain portions of the Lake Tahoe 
     Basin, delivery throughout the basin would decrease the 
     current total number of miles traveled by vehicles in the 
     basin by an estimated 57,000 miles per day; and
       ``Whereas, such a reduction in the miles traveled per day 
     by vehicles in the Lake Tahoe Basin would help to reduce the 
     increasing amount of traffic congestion and air pollution in 
     the Lake Tahoe Basin; Now, therefore, be it
       ``Resolved By the Senate Assembly of the State of Nevada, 
     Jointly, That the Legislature of the State of Nevada hereby 
     urges the Congress of the United States and the United States 
     Postal Service to initiate and maintain a program for the 
     delivery of mail from door to door in the Lake Tahoe Basin or 
     other similar programs which would enhance the efficiency of 
     the delivery of mail and assist in the effort to reduce 
     traffic congestion and air pollution in the Lake Tahoe Basin; 
     and be it further
       ``Resolved, That the Chief Clerk of the Assembly prepare 
     and transmit a copy of this resolution to the Vice President 
     of the United States as the presiding officer of the Senate, 
     the Speaker of the House of Representative, each member of 
     the Nevada Congressional Delegation and the Postmaster 
     General of the United States Postal Service; and be it 
     further
       ``Resolved, That this resolution becomes effective upon 
     passage and approval.''
                                                                    ____

       POM-145. A concurrent resolution adopted by the Legislature 
     of the State of Oregon; to the Committee on Governmental 
     Affairs.

                    ``Senate Concurrent Resolution 3

       ``Whereas the Tenth 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 Tenth Amendment defines 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 Tenth Amendment 
     means that the Federal Government was created by the states 
     specifically to be an agent of the states; and
       ``Whereas today, in 1995, the states are in fact treated as 
     agents of the Federal Government; and
       ``Whereas we declare that all Oregonians, when they form a 
     social compact, are equal in right, that all power is 
     inherent in the people and all free governments are founded 
     on their authority and instituted for their peace, safety and 
     happiness and that they have at all times a right to alter, 
     reform or abolish their government in such manner as they may 
     think proper; and
       ``Whereas memorials have been forwarded to the Federal 
     Government by the Oregon Legislative Assembly without any 
     response or result from 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; 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 now pending from the 
     present administration and from the previous Congress would 
     further violate the United States Constitution; Now, 
     therefore, be it
       ``Resolved by the Legislative Assembly of the State of 
     Oregon: [[Page S7615]] 
       ``(1) That the State of Oregon hereby claims sovereignty 
     under the Tenth Amendment to the Constitution of the United 
     States over all other powers not otherwise enumerated and 
     granted to the Federal Government by the United States 
     Constitution.
       ``(2) That the Federal Government, as our agent, is hereby 
     instructed to ceases and desist, effective immediately, 
     mandates that are beyond the scope of its constitutionally 
     delegated power.
       ``(3) That a copy of this resolution shall be sent to the 
     President of the United States, the Speaker of the House of 
     Representatives, the President of the Senate of the United 
     States and each house of each state's legislature of the 
     United States of America.''
     

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