[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Extensions of Remarks]
[Page 10765]
[From the U.S. Government Publishing Office, www.gpo.gov]




ENROLLED JOINT RESOLUTION 3 OF THE SIXTIETH LEGISLATURE OF THE STATE OF 
                                WYOMING

                                 ______
                                 

                         HON. CYNTHIA M. LUMMIS

                               of wyoming

                    in the house of representatives

                         Tuesday, June 15, 2010

  Mrs. LUMMIS. Madam Speaker, I commend the State of Wyoming for 
enacting a resolution that reinforces the 10th Amendment to the 
Constitution. Enrolled Joint Resolution 3 of the Sixtieth Legislature 
of the State of Wyoming demands that Congress cease and desist from 
enacting mandates that are beyond the enumerated powers granted to the 
Congress by the United States Constitution.
  This resolution joins a groundswell of support across our nation for 
a return to the federalist principles in our Constitution. I am proud 
to insert this resolution into the Congressional Record on behalf of 
the people of Wyoming.
  Citizens, businesses and States across the country are bracing for 
the impact of the heavy handed government mandates in President Obama's 
health care plan. Momentum persists among some in Congress for 
additional federal mandates, taxes, and regulations that will burden 
State budgets and put entrepreneurs in Main Street America out of 
business.
  There is another way. Our nation's founders left us a recipe for 
freedom and opportunity in our Constitution, under which the people of 
the United States consented to a government with limited powers. As 
stated in the 10th Amendment, all powers not given to the federal 
government by the Constitution are reserved for the States and the 
people. I have co-founded in the House of Representatives a 10th 
Amendment Task Force to advance the principles of federalism and 
disperse power back to States, local governments and individuals.
  Before coming to Washington, I spent my entire adult life dealing 
with State issues--as a rancher, as a State legislator, and as State 
Treasurer. I am now astounded by the kinds of issues Members of 
Congress feel are appropriate for federal intervention.
  States know their people better. They know their issues better. Let's 
return to States what States do best and maintain a strong limited 
government in Washington to do what it does best--securing the freedom, 
strength and integrity of this country.

  Enrolled Joint Resolution No. 3, House of Representatives--Sixtieth 
        Legislature of the State of Wyoming, 2010 Budget Session

       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 
     retained 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 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.

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