THE SENATE                           S.C.R. NO.            41
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  DECLARING THIS STATE'S SOVEREIGNTY UNDER THE UNITED STATES
    CONSTITUTION AND DEMANDING THAT THE FEDERAL GOVERNMENT
    STOP MANDATES THAT ARE BEYOND ITS POWERS.


 1        WHEREAS, the 10th Amendment to the Constitution of the
 2   United States reads as follows:
 3   
 4        "The powers not delegated to the United States by the
 5        Constitution, nor prohibited by it to the States, are
 6        reserved to the States respectively, or to the
 7        people";
 8   
 9   and
10   
11        WHEREAS, the 10th Amendment defines the total scope of
12   federal power as being that specifically granted by the United
13   States Constitution and no more; and
14   
15        WHEREAS, the scope of power defined by the 10th Amendment
16   means that the federal government was created by the states
17   specifically to be the agent of the states; and 
18   
19        WHEREAS, in the year 1996, the states are demonstrably
20   treated as agents of the federal government; and
21   
22        WHEREAS, many federal mandates are directly in violation
23   of the 10th Amendment to the Constitution of the United States;
24   and
25   
26        WHEREAS, the United States Supreme Court has ruled in New
27   York v. United States, 112 S. Ct. 2408 (1992), that Congress
28   may not simply commandeer the legislative and regulatory
29   processes of the states; and 
30   
31        WHEREAS, a number of proposals from previous
32   administrations and some now pending from the present
33   administration and from Congress may further violate the United
34   States Constitution; now, therefore,

 
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                                  S.C.R. NO.            41
                                                        
                                                        


 1   
 2        BE IT RESOLVED by the Senate of the Twentieth Legislature
 3   of the State of Hawaii, Regular Session of 1999, the House of
 4   Representatives concurring, that the State of Hawaii hereby
 5   claims sovereignty under the 10th Amendment to the Constitution
 6   of the United States over all powers not otherwise enumerated
 7   and granted to the federal government by the United States
 8   Constitution and that this measure serves as notice and demand
 9   to the federal government to cease and desist, effective
10   immediately, mandates that exceed the scope of its
11   constitutionally delegated powers; and
12   
13        BE IT FURTHER RESOLVED that certified copies of this
14   Concurrent Resolution be transmitted to the President and Vice-
15   President of the United States, Speaker of the House of
16   Representatives of the United States, the President of the
17   Senate of the United States, each Member of the Hawaii
18   Congressional Delegation, and the Speaker of the House of
19   Representatives and the President of the Senate of each state
20   legislature in the United States.
21 
22 
23 
24                         OFFERED BY:  ____________________________