2011-K775
LEGISLATIVE RESOLUTION affirming the sovereignty of the people of the
State of New York pursuant to the Tenth Amendment of the Constitution of
the United States; and requesting Congress to cease and desist from
enacting mandates that are beyond the scope of the enumerated powers
granted to Congress by the Constitution of the United States; and to
establish a joint committee on the constitutionality of acts, orders,
laws, statutes, regulations, and rules of the government of the United
States of America in order to protect state sovereignty
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 united with the
people of the other 49 states that comprise the United States of Ameri-
ca, on a valued principle that the Constitution of the United States
limits the powers and duties of their federal government; and
WHEREAS, All power not delegated by the people to government is
retained and reserved; and
WHEREAS, The people of the 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, Today, in 2011, 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, The Tenth Amendment defines the limits and scope of federal
power as being that which has been delegated by the people to the feder-
al government within the Constitution of the United States; and also
that which is necessary and proper to advancing those enumerated powers;
with the rest being reserved to state governments or the people them-
selves; and
WHEREAS, Powers, too numerous to list for the purposes of this resol-
ution, have been exercised, past and present, by the federal government,
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 that 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; and
WHEREAS, Both Houses of the State Legislatures of the States of Wyom-
ing, Utah, Kansas, Missouri, Alabama, and South Carolina, the State
Legislature of the State of Nebraska, the House of Representatives of
the State of North Dakota, and the House of Delegates of the State of
Virginia have all enacted this Resolution; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
affirm the sovereignty of the people of the State of New York under the
Tenth Amendment of the Constitution of the United States and reserve all
powers not otherwise delegated to the federal government by the Consti-
tution 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 be it
further
RESOLVED, That a committee of the New York State Senate be appointed
by this legislature, which shall have as its charge to recommend and
propose legislation which would have the effect of nullifying specific
federal laws and regulations which are reserved to the States and
outside the scope of the powers delegated by the people to the federal
government in the Constitution; 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 this State's Congres-
sional delegation 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.