PRINTER'S NO. 3323
No. 401 Session of 1998
INTRODUCED BY FLICK, ARMSTRONG, BARRAR, SAYLOR, ORIE, CLARK, NAILOR, EGOLF, KIRKLAND, HANNA, CORRIGAN, PISTELLA, HERSHEY, GEIST, FARGO, ZUG, READSHAW, WILT, YOUNGBLOOD AND SEYFERT, MARCH 31, 1998
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, MARCH 31, 1998
A CONCURRENT RESOLUTION 1 Petitioning the Congress of the United States to propose an 2 amendment to the Constitution of the United States for 3 submission to the states to establish a mechanism for 4 nullification of Federal laws and regulations where the 5 states determine that such laws or regulations exceed the 6 authority of the Federal Government under the Constitution of 7 the United States. 8 WHEREAS, The Federal Government was established by the states 9 through ratification of the Constitution of the United States; 10 and 11 WHEREAS, The Federal Government was granted certain limited 12 powers under the Constitution of the United States to act as the 13 agent of the states and of the people; and 14 WHEREAS, The Constitution of the United States requires, 15 under the Tenth Amendment, that: "The powers not delegated to 16 the United States by the Constitution, nor prohibited by it to 17 the States, are reserved to the States respectively, or to the 18 people"; and 19 WHEREAS, By the actions of Congress, the Federal Government
1 has usurped powers reserved to the states and to the people; and 2 WHEREAS, By the actions of the Executive, the Federal 3 Government has usurped powers reserved to the states and to the 4 people; and 5 WHEREAS, By the actions of the Judiciary, the Federal 6 Government has usurped powers reserved to the states and to the 7 people; and 8 WHEREAS, By the combined actions of the Congress, the 9 Executive and the Judiciary, the principal-agent relationship 10 established by the Constitution of the United States has been 11 effectively reversed, as the Federal Government has arrogated to 12 itself the role of principal; and 13 WHEREAS, It has become customary for the Federal Judiciary to 14 possess the ultimate authority to interpret the meaning of the 15 Constitution of the United States; and 16 WHEREAS, Reliance upon the Federal Judiciary, itself a branch 17 of the Federal Government, has inappropriately delegated 18 ultimate interpretation of the Constitution of the United States 19 to the agent, rather than to the principal; and 20 WHEREAS, Only the principal in a principal-agent relationship 21 can ultimately interpret the intention of the principal; and 22 WHEREAS, The Federal Government is more distant from the 23 people than state governments and is thereby less efficient and 24 effective in providing for functions that, under the 25 Constitution of the United States, were to have been reserved to 26 the states and to the people; and 27 WHEREAS, To achieve government of the people, by the people 28 and for the people, government must become closer to the people; 29 and 30 WHEREAS, There is a need for an effective mechanism by which 19980H0401R3323 - 2 -
1 the states may provide ultimate interpretation of their 2 intentions under the Constitution of the United States; 3 therefore be it 4 RESOLVED (the Senate concurring), By the House of 5 Representatives that the Congress of the United States is hereby 6 petitioned to propose the Government of the People Amendment to 7 the Constitution of the United States, for submittal to the 8 states for ratification, providing for the states to nullify 9 Federal laws and regulations, in such cases as the states deem 10 that the Federal Government has exceeded the limits of its 11 authority; and be it further 12 RESOLVED, That to achieve the purpose expressed above, the 13 Government of the People Amendment shall provide that: 14 (1) Any act of Congress, or provision thereof, shall be 15 null and void upon the adoption of a Resolution of 16 Disapproval by the legislatures of two-thirds of the states 17 providing that no more than five years shall have passed from 18 the adoption of the first Resolution of Disapproval by a 19 state and the requisite number of adoptions. 20 (2) Any regulation, administrative directive or 21 provision thereof shall be null and void upon the adoption of 22 a Resolution of Disapproval by the legislatures of two-thirds 23 of the states where no more than five years shall have passed 24 from the adoption of the first Resolution of Disapproval by a 25 state and the requisite number of adoptions; 26 and be it further 27 RESOLVED, That the Government of the People Amendment shall 28 require a Resolution of Disapproval to declare the causes that 29 impel the Resolution; and be it further 30 RESOLVED, That the Government of the People Amendment shall 19980H0401R3323 - 3 -
1 contain reasonable limitations on the use of Resolutions of 2 Disapproval with respect to issues of national security; and be 3 it further 4 RESOLVED, That the Government of the People Amendment shall 5 prohibit judicial review of any matter with respect to the 6 Government of the People Amendment or its implementation or 7 operation. I18L82JAM/19980H0401R3323 - 4 -