Indiana Federalism Resolution Filed As Senate Concurrent Resolution 37

Although it was made public late last week, the text of SCR 37 which would propose, if passed, to reassert Indiana's rights under the 10th Amendment of the U.S. Constitution was posted on-line today.

Despite early suspicions that Senator Mike Delph (29th District) might join Senator Greg Walker (41st) and Senator Dennis Kruse (14th) on introducing the resolution, it appears that Senator Marlin Stutzman (13th) completed the trio.

It has been referred to the Committee on Rules and Legislative Procedure.

This resolution is very similar to ones introduced in somewhere around twenty different states including Arizona, Oklahoma and New Hampshire. Oklahoma's resolution was introduced last year and passed their state house 98-2 before getting stalled out in their senate. This year, the resolution passed 83 to 13. New Hampshire's HCR 6 has thus far been considered to have the strongest language, many suggesting it was close to a threat to secede if the Federal Government encroached any further. HCR 6 was defeated in a committee 11 to 7 but still goes to a full vote.

Text of the Indiana Resolution follows:

Introduced Version



SENATE CONCURRENT
RESOLUTION No. _____


DIGEST OF INTRODUCED RESOLUTION

A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State's legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

WALKER , STUTZMAN, KRUSE


, read first time and referred to Committee on


Introduced

First Regular Session 116th General Assembly (2009)


SENATE CONCURRENT
RESOLUTION No. _____

A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State's legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

Whereas , The Tenth Amendment to the Constitution of the United States specifically provides that, “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 ”;

Whereas , The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more;

Whereas , Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America 's most valuable contributions to political science;

Whereas , James Madison, “the father of the Constitution, ” said, “The powers delegated to the federal
government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people ”;

Whereas , Thomas Jefferson emphasized that the states are not “subordinate ” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government ”;

Whereas , Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments. ” He believed that “this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them ”;

Whereas , The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states;

Whereas , Today, in 2009, the states are demonstrably treated as agents of the federal government;

Whereas , Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States;

Whereas , The United States Supreme Court has ruled in New York v. United States , 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

Whereas , A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States; Therefore,

Be it resolved by the Senate of the General Assembly

of the State of Indiana, the House of Representatives concurring:


SECTION 1: That the State of Indiana hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.

SECTION 2: That this Resolution serve as a Notice and Demand to the federal g overnment to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.

SECTION 3: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and each member of Congress from the State of Indiana.

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