[Congressional Record Volume 156, Number 62 (Thursday, April 29, 2010)]
[Senate]
[Pages S2795-S2797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENUMERATED POWERS ACT
Mr. ENZI. Mr. President, I rise today to discuss the need to closely
examine our United States Constitution and Congress's limits held
within this important document. Our Founding Fathers granted Congress
limited powers within the Constitution, and we should not stray outside
those powers. They knew what would happen if a government grew too
large and too controlling. So far during the 111th Congress, the
government has taken over banks, insurance companies, the student loan
industry and the automobile industry. The American people know this is
wrong and they have spoken out. During the Wyoming State legislative
session, which concluded on March 5, two resolutions were passed
because the Federal Government continues to overstep its bounds. These
two resolutions, House Enrolled Joint Resolution 2 and House Enrolled
Joint Resolution 3, demand that Congress desist from making mandates
beyond the enumerated powers of the United States Constitution.
In the U.S. Senate, I am working to pass S. 1319, The Enumerated
Powers Act, to achieve what the Wyoming State Legislature passed and
signed into law on the State level earlier this year. The Enumerated
Powers Act would require that every bill introduced in Congress include
a constitutionality clause pointing to the exact section in the
Constitution that grants
[[Page S2796]]
Congress the right to make that specific law. I am proud to be an
original cosponsor of this piece of legislation which was introduced by
Senator Coburn.
We must learn from our constituents and fellow lawmakers. Our
Constitution has held our country together for hundreds of years and
this is no time to abandon it.
I ask unanimous consent to have these two resolutions printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Enrolled Joint Resolution No. 2
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
Constitution of the United States 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, the states are demonstrably treated as agents of
the federal government; and
Whereas, many federal laws are directly in violation of the
Tenth Amendment to the Constitution of the United States; and
Whereas, the Tenth Amendment assures that we, the people of
the United States of America and each sovereign state in the
union of states, now have, and have always had, rights the
federal government may not usurp; and
Whereas, Section 4, Article IV, of the Constitution says,
``The United States shall guarantee to every State in this
Union a Republican Form of Government,'' and the Ninth
Amendment states that ``The enumeration in the Constitution,
of certain rights, shall not be construed to deny or
disparage others retained by the people''; and
Whereas, Congress may not simply commandeer the legislative
and regulatory processes of the states; and
Whereas, the United States Congress frequently considers
and enacts laws, and the executive agencies of the federal
government frequently promulgate regulations, the
constitutional authority for which is either absent or
tenuous, including, without limitation, the Real ID Act,
which imposes significant unfunded mandates upon the states
with respect to the traditional state function of drivers
licensing, the Endangered Species Act, which, as construed by
the United States Fish & Wildlife Service, authorizes a
federal executive agency to require specific state
legislation related to the traditional state function of
wildlife management, the Clean Water Act, which, as construed
by the Environmental Protection Agency, authorizes a federal
executive agency to exercise regulatory jurisdiction over
waters that are not subject to federal regulation, the
Federal Land Policy and Management Act, which implements a
policy of federal lands retention in derogation of the
``equal footing'' doctrine. Now, therefore, be it
Resolved by the members of the Legislature of the State of
Wyoming:
Section 1. That the State of Wyoming Legislature claims
sovereignty on behalf of the State of Wyoming and for its
citizens under the Tenth Amendment to the Constitution of the
United States over all powers not otherwise enumerated and
granted to the federal government or reserved to the people
by the Constitution of the United States.
Section 2. That the rights and liberties of Wyoming, its
costates and their respective citizens must be protected from
any dangers by declaring that Congress is limited by the
Tenth Amendment to the Constitution of the United States and
that this state calls on its costates for an expression of
their sentiments on acts not authorized by the United States
Constitution.
Section 3. That this resolution serve as notice and demand
to the federal government, as our agent, to cease and desist,
effective immediately, from enacting mandates that are beyond
the scope of these constitutionally delegated powers. The
State of Wyoming will not enforce such mandates.
Section 4. That all compulsory federal legislation that
directs states to comply under threat of civil or criminal
penalties or sanctions be prohibited or repealed.
Section 5. That the Secretary of State of Wyoming transmit
copies of this resolution to the President of the United
States, to the President of the Senate and the Speaker of the
House of Representatives of the United States Congress and to
the Wyoming Congressional Delegation, with a request that
this resolution be officially entered in the congressional
record as a memorial to the Congress of the United States of
America.
Colin M. Simpson,
Speaker of the House.
Dave Freudenthal,
Governor.
John J. Hines,
President of the Senate.
Time Approved: 3:48 p.m.
Date Approved: 3/8/10.
I hereby certify that this act originated in the House.
Patricia L. Bush,
Chief Clerk.
____
Enrolled Joint Resolution No. 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 to the Constitution of the
United States defines the total scope of federal power as
being that specifically granted by the Constitution of the
United States and no more; and
Whereas, the scope of the power defined by the tenth
amendment to the Constitution of the United States means that
the federal government was created by the states specifically
to be an agent of the states; and
Whereas, the states are demonstrably treated as agents of
the federal government; and
Whereas, many powers assumed by the federal government and
federal mandates are directly in violation of the tenth
amendment to the United States Constitution; and
Whereas, the interstate commerce clause in article 1,
section 8 of the Constitution of the United States provides
that Congress shall have the power: ``To regulate Commerce
with foreign Nations, and among the several States, and with
Indian Tribes;'' and
Whereas, the interstate commerce clause is limited to the
federal government regulating trade between the states and
between the states and other nations, to help prevent
conflicts between states over commercial activities and to
prevent the erection of barriers to commerce between the
states; and
Whereas, the interstate commerce clause should not be used
to provide Congress with authority to regulate matters that
are primarily intrastate with only an insignificant or
collateral effect upon interstate commerce; and
Whereas, many federal laws are beyond the scope and intent
of the interstate commerce clause and the tenth amendment to
the Constitution of the United States; and
Whereas, the tenth amendment to the Constitution of the
United States assures that we, the people of the United
States of America and each sovereign state in the union of
states, now have, and have always had, rights the federal
government may not usurp; and
Whereas, article 4, section 4, of the Constitution of the
United States says: ``The United States shall guarantee to
every State in this Union a Republican Form of Government,''
and the ninth amendment to the Constitution of the United
States adds ``The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others
retain by the people.''; and
Whereas, Congress may not simply commandeer the legislative
and regulatory processes of the states. Now, therefore, be it
Resolved by the members of the legislature of the State of
Wyoming:
Section 1. That the Wyoming Congressional delegation and
Congress take action to initiate the amendment process
provided by article 5 of the Constitution of the United
States to amend the tenth amendment and article 1, section 8
(the interstate commerce clause), of the Constitution of the
United States.
Section 2. That Congress amend the tenth amendment of the
Constitution of the United States as follows, with proposed
changes indicated in underscored text:
The powers not expressly 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. This
amendment shall be considered by all courts as a rule of
interpretation and construction in any case involving an
interpretation of any constitutional power claimed by the
Congress.
Section 3. That Congress amend the interstate commerce
clause, article 1 section 8, of the Constitution of the
United States as follows, with proposed changes indicated in
underscored text:
To directly regulate Commerce with foreign nations, and
among the several states, and with the Indian Tribes, with no
authority in Congress to regulate matters that are primarily
intrastate with only an insignificant or collateral effect
upon interstate commerce;
Section 4. That Congress shall specify that the amendments
to the tenth amendment and the interstate commerce clause,
article 1 section 8, of the Constitution of the United
States, as provided herein, shall be operative upon
ratification by the legislatures of three-fourths of the
several states, provided that such ratification shall occur
within seven years from the date of the submission of the
amendments to the states by Congress.
Section 5. That this state calls on its costates for an
expression of their sentiments on the need to amend the tenth
amendment and article 1, section 8 of the Constitution of the
United States as provided in this resolution.
Section 6.
(a) That the Secretary of State of Wyoming transmit copies
of this resolution:
(i) To the President of the United States, to the President
of the Senate and the Speaker of the House of Representatives
of the United States Congress and to the Wyoming
Congressional Delegation, with a request that the Wyoming
Congressional Delegation take all reasonable and necessary
actions to initiate the amendment process to
[[Page S2797]]
amend the Constitution of the United States consistent with
the language proposed in this resolution and that this
resolution be officially entered in the Congressional Record
as a memorial to the Congress of the United States of
America; and
(ii) To the Speaker of the House of Representatives and
President of the Senate, or their equivalent, and the
governor of each of the other forty-nine states.
Colin M. Simpson,
Speaker of the House.
Dave Freudenthal,
Governor.
John J. Hines,
President of the Senate.
Time Approved: 1:53 p.m.
Date Approved: 3/11/10.
I hereby certify that this act originated in the House.
Patricia L. Bush,
Chief Clerk.
____________________