2011-K1073

Affirming the sovereignty of the People of the State of New York

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2011-K1073


LEGISLATIVE RESOLUTION affirming the sovereignty of the People of the
State of New York

WHEREAS, In the American system, sovereignty is defined as final author-
ity, and the People, not government, are sovereign; and
WHEREAS, The People of the State of New York are not united with the
People of the other 49 States that comprise the United States of America
on a principle of unlimited submission to their federal government; and
WHEREAS, All power not delegated by the People to government is
retained; and
WHEREAS, The People of the several States comprising the United States
of America created the federal government to be their agent for certain
enumerated purposes only; and
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 which has been delegated by the People to the federal
government in the Constitution of the United States, and also that which
is necessary and proper to carry into execution those enumerated powers;
with the rest being left to state governments or the People themselves;
and
WHEREAS, Powers, too numerous to list for the purposes of this resol-
ution, have been exercised, past and present, by federal adminis-
trations, which infringe on the sovereignty of the People of this State,
and may further violate the Constitution of the United States; and
WHEREAS, When powers are assumed by the federal government which have
not been delegated to it by the People, a nullification of the act is
the rightful remedy; that without this remedy, the People of this State
would be under the dominion, absolute and unlimited, of whoever might
exercise this right of judgment for them; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
hereby affirm the sovereignty of the People of the State of New York
under the Tenth Amendment to the Constitution of the United States over
all powers not otherwise delegated to the federal government by the
Constitution of the United States; and be it further
RESOLVED, That this Resolution shall serve as a Notice and Demand to
the federal government to cease and desist any and all activities
outside the scope of their constitutionally-delegated powers; and it be
further
RESOLVED, That a committee of conference be appointed by this legisla-
ture, which shall have as its charge to recommend and propose legis-
lation which would have the effect of identifying specific federal laws
and regulations which are outside the scope of the powers delegated by
the People to the federal government in the Constitution; and be it
further
RESOLVED, That a committee of correspondence be appointed, which shall
have as its charge to communicate the preceding resolutions to the
Legislatures of the several States; to assure them that this State
continues in the same esteem of their friendship as currently exists;
that it considers union, for specified national purposes, and partic-
ularly those enumerated in the Constitution of the United States, to be
friendly to the peace, happiness and prosperity of all the States; and
be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to the President of the United States, the President of the

United States Senate, the Speaker and the Clerk of the United States
House of Representatives, and to each member of the Congressional deleg-
ation from the State of New York with the request that this resolution
be officially entered in the Congressional Record as a memorial to the
Congress of the United States of America.

actions

  • 22 / Mar / 2012
    • REFERRED TO JUDICIARY

Resolution Details

Law Section:
Resolutions, Legislative

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