Draft Concurrent Resolution Supporting the Re-Empowerment of the States Amendment

Summary

The Re-Empowerment of the States Amendment gives the states the power to work together and with the concurrence of two-thirds of the state legislatures, the states would be able to repeal all or part of any Presidential Executive Order, regulation, other regulatory action or administrative ruling issued by a department or agency of the Federal Government. The ratification of this amendment would put some teeth in the 10th Amendment and create a necessary check on the use of legislative and judicial power by the Executive Branch of the Federal Government.   The Federal Government was created by the 13 states joining together to ratify the newly written Constitution. The framers of the Constitution were concerned that the Federal Government would usurp too much power over the states. For this reason, they included the 10th Amendment in the Bill of Rights, which reserves all powers for the states that are not delegated to the Federal Government. They also originally structured Congress so each state legislature would directly select the US Senators representing its state. In 1913, the 17th Amendment was ratified which changed the election of Senators from the state legislature of each state to the voters. Since then, the power and influence of the states has been greatly reduced.

Draft Concurrent Resolution Supporting the Re-Empowerment of the States Amendment

Be it resolved by the Legislature of the state of ____________, the Governor concurring therein:

 

WHEREAS, the people of the United States, through their elected state delegates, established the Constitution of the United States, which created the federal government and defined its limited powers;

 

WHEREAS, the powers delegated to the federal government are “few and defined,” while all other powers are reserved to the states and the people;

 

WHEREAS, the Constitution separates federal powers among three branches of government: the legislative, the executive, and the judiciary, each with checks on the powers of the others, to prevent the expansion or usurpation of powers by any branch;

 

WHEREAS, over the past several decades, executive power has expanded through the creation of administrative agencies that enforce expansive federal laws and regulations upon the states and the people;

 

WHEREAS, the states, particularly since the passage of the 17th Amendment, have no

effective check on this expansion of federal executive and regulatory power, resulting in a

gradual erosion of the federalist system of government established by the Founders, thereby

threatening state sovereignty and individual liberties; and

 

WHEREAS, restoring the balance of federalism will secure the blessings of liberty to

ourselves and our posterity:

 

NOW, THEREFORE, BE IT RESOLVED that the [LEGISLATIVE BODY] of the state of [INSERT STATE], the

Governor concurring therein, reaffirms its position that federalism is an integral part of our

American compound republic and is essential to the vitality of the Union.

 

BE IT FURTHER RESOLVED that the Legislature of the state of [INSERT STATE] supports the

Re-Empowerment of the States Amendment, which has been introduced in Congress

and reads:

 

“SECTION 1. The several States may repeal, in whole or in part, any Presidential Executive

order, rule, regulation, other regulatory action, or administrative ruling issued by a department,

agency, or instrumentality of the United States. Such repeal shall take effect upon approval by

the legislatures of two-thirds of the several States of resolutions for this purpose that

particularly describe the same whole or part of the Executive order, rule, regulation, other

regulatory action, or administrative ruling to be repealed. SECTION 2. Congress shall have

power to enforce this article by appropriate legislation.”

 

BE IT FURTHER RESOLVED that the [LEGISLATIVE BODY] and the Governor of the state of [INSERT STATE] call upon the legislatures of the several states to adopt similar resolutions in support of this proposed

constitutional amendment.