Thoughts Aloud

California’s 10th Amendment resolution dates back to the time of the Contract With America! Who woulda thunk it?:

BILL NUMBER: SJR 44 CHAPTERED 08/29/94
BILL TEXT

RESOLUTION CHAPTER 93
FILED WITH SECRETARY OF STATE AUGUST 29, 1994
ADOPTED IN ASSEMBLY AUGUST 23, 1994
ADOPTED IN SENATE AUGUST 15, 1994
AMENDED IN SENATE AUGUST 11, 1994
AMENDED IN SENATE JULY 1, 1994

INTRODUCED BY Senators Rogers, Ayala, Bergeson, Beverly,
Boatwright, Campbell, Craven, Dills, Hill, Hurtt, Johannessen,
Kelley, Kopp, Leonard, Leslie, Lewis, Maddy, McCorquodale,
Mello, Peace, Presley, Russell, Wright, and Wyman
(Coauthors: Assembly Members Aguiar, Alby, Allen, Andal,
Baca, Boland, Bowen, Bowler, Brulte, Cannella, Conroy, Cortese,
Costa, Epple, Ferguson, Frazee, Goldsmith, Harvey, Hauser,
Haynes, Hoge, Honeycutt, Horcher, Johnson, Jones, Katz, Knight,
Knowles, McPherson, Morrow, Mountjoy, Murray, Pringle, Rainey,
Richter, Rogan, Seastrand, Statham, Takasugi, Tucker, Weggeland,
and Woodruff)

APRIL 14, 1994

Senate Joint Resolution No. 44 Relative to the 10th
Amendment.

LEGISLATIVE COUNSEL’S DIGEST

SJR 44, Rogers. 10th Amendment.
This measure would declare the state’s sovereignty under the
10th Amendment to the United States Constitution and demand that
the federal government cease and desist mandates that are
beyond the scope of constitutionally delegated powers.

WHEREAS, The 10th 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 10th 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 10th Amendment
means that the federal government was created by the states
specifically to be an agent of the states; and
WHEREAS, In the year 1994, the states are demonstrably
treated as agents of the federal government; and
WHEREAS, Numerous resolutions have been forwarded to the
federal government by the California Legislature without any
response or result from Congress or the federal government; and
WHEREAS, Many federal mandates are directly in violation of
the 10th 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 from previous administrations
and some now pending from the present administration and from
Congress may further violate the United States Constitution;
now, therefore, be it
Resolved by the Senate and Assembly of the State of
California, jointly, That the State of California hereby claims
sovereignty under the 10th Amendment to the Constitution of the
United States over all powers not otherwise enumerated and
granted to the federal government by the United States
Constitution and that this measure shall serve as notice and
demand to the federal government to cease and desist, effective
immediately, mandates that are beyond the scope of its
constitutionally delegated powers; and be it further
Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the
United States, the Speaker of the United States House of
Representatives, the President pro Tempore of the United States
Senate, each Senator and Representative from California in the
Congress of the United States and to the Speaker of the House
and the President of the Senate of each state legislature in the
United States of America.

Of course, it makes sense. The California legislature is quite capable of screwing up and bankrupting their State all by themselves. They don’t need any help from the Federal government. â—„Daveâ–º