68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 1497

                  House Concurrent Resolution 9

Sponsored by Representatives MARKHAM, HAYDEN; Representatives
  BRIAN, FISHER, MONTGOMERY, STARR, TARNO, VANLEEUWEN


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Instructs Federal Government to cease and desist mandates
beyond the scope of its constitutionally dedicated power.

                      CONCURRENT RESOLUTION
To the President of the United States, the Speaker of the House
  of Representatives and the President of the Senate of the
  United States:
  We, the Sixty-eighth Legislative Assembly of the State of
Oregon, in legislative session assembled, respectfully represent
as follows:
  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 specifically granted by the United States
Constitution and no more; and
  Whereas the scope of power defined by the Tenth Amendment means
that the Federal Government was created by the states
specifically to be an agent of the states; and
  Whereas today, in 1995, the states are in fact treated as
agents of the Federal Government; and
  Whereas memorials have been forwarded to the Federal Government
by the Oregon Legislative Assembly without any response or result
from Congress or the Federal Government; and
  Whereas many federal mandates are directly in violation of the
Tenth Amendment to the Constitution of the United States; and
  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 now pending from the present
administration and from Congress would further violate the United
States Constitution; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) That the State of Oregon hereby claims sovereignty under
the Tenth Amendment to the Constitution of the United States over

all other powers not otherwise enumerated and granted to the
Federal Government by the United States Constitution.
  (2) That the Federal Government, as our agent, is hereby
instructed to cease and desist, effective immediately, mandates
that are beyond the scope of its constitutionally delegated
power.
  (3) A copy of this resolution shall be sent to the President of
the United States, the Speaker of the House of Representatives,
the President of the Senate of the United States and to each
house of each state's legislature of the United States of
America.
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