[Congressional Record Volume 141, Number 124 (Friday, July 28, 1995)]
[Senate]
[Pages S10874-S10875]
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-255. A resolution adopted by the House of the 
     Legislature of the State of Alabama; to the Committee on 
     Governmental Affairs.

                      ``House Joint Resolution 72

       ``Whereas, the 10th Amendment of 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, in 1995, the states are demonstrably 
     treated as agents of the federal government; and
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by various states 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 state; 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 Legislature of Alabama, both Houses 
     thereof concurring, That the State of Alabama hereby claims 
     sovereignty under the 10th Amendment of the Constitution of 
     the United States over all powers not otherwise enumerated 
     and granted to the federal government by the United States 
     Constitution.
       ``Be it further resolved, 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.
       ``Resolved further, 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 Alabama's Congressional 
     Delegation.''
                                                                    ____

       POM-256. A concurrent resolution adopted by the Legislature 
     of the State of Indiana; to the Committee on Governmental 
     Affairs.

                    ``A Senate Concurrent Resolution

       ``Whereas, the 10th Amendment to the Constitution of the 
     United States reads ``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 defines the total scope of 
     federal power as being that specifically granted by the 
     United States Constitution and no more;
       ``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;
       ``Whereas, today the states are demonstrably treated as 
     agents of the federal government;
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by the Indiana General Assembly without a 
     response or result from Congress or the federal government;
       ``Whereas, many federal mandates are directly in violation 
     of the 10th Amendment to the Constitution of the United 
     States;
       ``Whereas, the United States Supreme Court has ruled in New 
     York vs. 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 past administrations 
     and some proposals from the current administration and 
     Congress that are now pending may further violate the United 
     States Constitution: Now, therefore, be it
       ``Resolved by the Senate of the General Assembly of the 
     State of Indiana, the House of Representatives concurring:
       Section 1. (a) That Indiana 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 Constitution of the United States.
       ``(b) That this serve as notice and demand to the federal 
     government, as the states' agent, to immediately cease and 
     desist enacting mandates that are beyond the scope of the 
     federal government's constitutionally delegated powers.''
                                                                    ____

       POM-257. A joint resolution adopted by the Legislature of 
     the State of Maine; to the Committee on Governmental Affairs.

                           ``Joint Resolution

       ``Whereas, Joshua Lawrence Chamberlain was a great and 
     noble American from the State of Maine, a Civil War Hero who 
     led the successful charge of the 20th Maine Volunteer 
     Regiment at Little Round Top at Gettysburg, which was said to 
     have turned the tide of the bloody and fearsome battle 
     against the Confederate Army and saved the Northern armies 
     from annihilation; and
       ``Whereas, Joshua Lawrence Chamberlain was the Union 
     General who was chosen by Ulysses S. Grant to formally accept 
     the surrender of the Army of Northern Virginia at Appomattox 
     and who ordered his soldiers to salute the vanquished 
     Confederates, at the passing of the armies, who then returned 
     that gesture, returning ``honor with honor''; and
       ``Whereas, Joshua Lawrence Chamberlain, was was born in 
     Brewer, Maine in 1828 and who was a college professor when he 
     volunteered for service in the 20th Maine Regiment; who was 
     wounded 6 times and cited 4 times for heroism; who was 
     awarded the Congressional Medal of Honor for his courage at 
     Little Round Top; who was promoted to Brigadier General in a 
     rare field promotion by General Ulysses S. Grant at 
     Petersburg, where Chamberlain was so severely wounded that 
     his death was reported in Northern newspapers; who was 
     promoted to Major General; who was Governor of Maine for 4 
     terms; who was President of Bowdoin College; and who was 
     admired by friend and foe alike for his great character, 
     independence and vision; Now, therefore, be it
       ``Resolved: That we, your Memorialists, respectfully 
     recommend and urge the United 

[[Page S 10875]]
     States Postal Service to issue a stamp honoring Joshua Lawrence 
     Chamberlain; 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, to each member of the Maine Congressional Delegation 
     and to the Postmaster General of the United States Postal 
     Service.''
                                                                    ____

       POM-258. A joint resolution adopted by the Legislature of 
     the State of New Hampshire; to the Committee on Governmental 
     Affairs.

                       ``House Joint Resolution 1

       ``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, in 1995, the states are demonstrably 
     treated as agents of the federal government; and
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by the New Hampshire general court without 
     any response or result from Congress or the federal 
     government; and
       ``Whereas, many federal mandates are directly in violation 
     of the 10th Amendment of 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), the 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 and House of Representatives in 
     General Court convened: That the state of New Hampshire 
     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; and
       ``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; and
       ``That copies of this resolution be sent by the house clerk 
     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 New Hampshire's Congressional 
     delegation''
                                                                    ____

       POM-259. A resolution adopted by the Board of Commissioners 
     of Yadkin County, North Carolina; to the Committee on Labor 
     and Human Resources.
       POM-260. A resolution adopted by the Board of Commissioners 
     of Columbus County, North Carolina; to the Committee on Labor 
     and Human Resources.
       POM-261. A joint resolution adopted by the General Assembly 
     of the State of Maryland; to the Committee on Governmental 
     Affairs.

                      ``Senate Joint Resolution 9

       ``Whereas, in the 1930s, the Congress of the United States 
     assumed the responsibility for developing a federally 
     administered retirement program to place the various railroad 
     pension plans on a solid financial basis; and
       ``Whereas, the railroad retirement system today covers over 
     1 million individuals who have contributed over the years in 
     good faith and have legitimate expectations of receiving 
     their benefits; and
       ``Whereas, the National Performance Review Board proposes 
     to transfer the functions of the Railroad Retirement Board to 
     the Social Security Administration, other federal agencies, 
     and private sector service providers; and
       ``Whereas, this proposal would privatize and terminate a 
     program that has worked well and provided retirement security 
     of 1.3 million active, retired, and disabled rail workers and 
     their families for nearly 60 years: Now, therefore, be it.
       ``Resolved by the General Assembly of Maryland, That the 
     United States Congress reject the proposal by the National 
     Performance Review Board to transfer the functions of the 
     Railroad Retirement Board to the Social Security 
     Administration, other federal agencies, and private sector 
     service providers; and be it further.
       ``Resolved, That a copy of this Resolution be forwarded by 
     the Department of Legislative Reference to the National 
     Performance Review Board, Office of the Vice President, Old 
     Executive Office Building, Washington, D.C. 20501.''
     

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