Concurrent Resolution Supporting the Re-Empowerment of the States Amendment
| Model Bill Info | |
|---|---|
| Bill Title | Concurrent Resolution Supporting the Re-Empowerment of the States Amendment |
| Date Introduced | June 16, 2020 |
| Date Finalized | August 9, 2020 |
| Type | Model Policy |
| Status | Final |
| Task Forces | Federalism and International Relations |
Concurrent Resolution Supporting the Re-Empowerment of the States Amendment
Be it resolved by the Legislature of the state of ____________, the Governor concurring therein:
WHEREAS, the people of the United States, through their elected state delegates, established the Constitution of the United States, which created the federal government and defined its limited powers;
WHEREAS, the powers delegated to the federal government are “few and defined,” while all other powers are reserved to the states and the people;
WHEREAS, the Constitution separates federal powers among three branches of government: the legislative, the executive, and the judiciary, each with checks on the powers of the others, to prevent the expansion or usurpation of powers by any branch;
WHEREAS, over the past several decades, executive power has expanded through the creation of administrative agencies that enforce expansive federal laws and regulations upon the states and the people;
WHEREAS, the states, particularly since the passage of the 17th Amendment, have no effective check on this expansion of federal executive and regulatory power, resulting in a gradual erosion of the federalist system of government established by the Founders, thereby threatening state sovereignty and individual liberties; and
WHEREAS, restoring the balance of federalism will secure the blessings of liberty to ourselves and our posterity:
NOW, THEREFORE, BE IT RESOLVED that the [LEGISLATIVE BODY] of the state of [INSERT STATE], the Governor concurring therein, reaffirms its position that federalism is an integral part of our American compound republic and is essential to the vitality of the Union.
BE IT FURTHER RESOLVED that the Legislature of the state of [INSERT STATE] supports the Re-Empowerment of the States Amendment, which has been introduced in Congress and reads:
“SECTION 1. The several States may repeal, in whole or in part, any Presidential Executive order, rule, regulation, other regulatory action, or administrative ruling issued by a department, agency, or instrumentality of the United States. Such repeal shall take effect upon approval by the legislatures of two-thirds of the several States of resolutions for this purpose that particularly describe the same whole or part of the Executive order, rule, regulation, other regulatory action, or administrative ruling to be repealed. SECTION 2. Congress shall have power to enforce this article by appropriate legislation.”
BE IT FURTHER RESOLVED that the [LEGISLATIVE BODY] and the Governor of the state of [INSERT STATE] call upon the legislatures of the several states to adopt similar resolutions in support of this proposed constitutional amendment.
