[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

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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

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     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.

                          ____________________