Texas legislation calls for constitutional amendment to enforce states’ sovereignty
Tuesday, December 28, 2010 at 1:14 pm
Several Texas Republicans have filed legislation aimed at reaffirming states’ rights and providing a constitutional mechanism to annul federal laws and regulations. The calls for amending the U.S. Constitution go a step beyond the ‘sovereignty’ resolutions pushed for in 2009.
Last session, Texas Rep. Brandon Creighton (R-Conroe) led the way on legislation to reaffirm the Tenth Amendment, which says powers not provided to the federal government in the Constitution are explicitly reserved to the states. Out of five pieces of legislation introduced on the topic, only Creighton’s House Concurrent Resolution 50 made it out of committee. HCR 50 passed the House by a margin of 99-36 (with all of the ‘nay’ votes belonging to Democrats) before dying in the Senate.
This session, Creighton has introduced the similar HCR 16. Additionally, state Sens. Glenn Hegar (R-Katy) and Jane Nelson (R-Lewisville) have introduced Senate Concurrent Resolution 1 toward the same end. Hegar introduced the similar SCR 39 in 2009. Those ‘sovereignty’ resolutions basically would send a message to members of Congress requesting they repeal federal laws that Texas lawmakers think are unconstitutional.
For the upcoming session, Creighton is going further — his HCR 17 and House Joint Resolution 50 urges Congress to call a constitutional convention for the purpose of proposing and ratifying a constitutional amendment allowing any federal law to be repealed by consensus of two-thirds of the individual states’ legislatures.
Meanwhile, state Rep. Vicki Truitt (R-Keller) proposed HCR 19 for the same purpose. Truitt’s resolution specifically cites the Sixteenth and Seventeenth Amendments as creating a “constitutional imbalance” in favor of the federal government against the states. The Sixteenth Amendment enabled the federal income tax, while the Seventeenth Amendment provided for direct election of U.S. senators, rather than having the state legislatures choose them. In a news release, Truitt said the federal health care reform law is “an example and the greatest episode” in unfunded mandates of the states. According to the news release, Truitt was inspired to file the resolution after reading an editorial in the Wall Street Journal written by Georgetown University law professor Randy Barnett and Virginia state House Speaker William J. Howell.
The appeals for a constitutional convention of the states have also appeared in legislation aimed at creating a balanced federal budget amendment to the Constitution. As the Texas Independent previously reported: “There are two ways to propose an amendment to the U.S. Constitution: a two-thirds majority vote in the U.S. House and U.S. Senate; or by a constitutional convention called by two-thirds of state legislatures, according to the National Archives…[T]he latter procedure…has never been used to propose any of the 27 amendments.”
While I am encouraged that the various Honorable Senators and Representatives of the Great State of Texas have studied the 10th Amendment and any possible nuances, I wish to point out the original intent of those who authored the document.
Article VI Para 2: This Constitution, and the Laws of the United States…shall be the supreme Law of the Land; and…every State shall be bound thereby;”
This is not an Constitutional Amendment, this is the Constitution as written and signed by Washington, Jefferson, Madison, et. al.
I understand their wish for a Confederation, as opposed to a Federation as outlined in the Constitution. But unless I am sorely mistaken, this article specifically forbids the actions contemplated by these politicians.
Bad government repeats itself in the Lone Start State. All this because poor people can now have health insurance? Amazing.
