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ASSEMBLY CONCURRENTRESOLUTION No. 238
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED JUNE 22, 2009
Sponsored by:Assemblyman GARY R. CHIUSANODistrict 24 (Sussex, Hunterdon and Morris)Assemblywoman ALISON LITTELL MCHOSEDistrict 24 (Sussex, Hunterdon and Morris)Assemblyman RICHARD A. MERKTDistrict 25 (Morris)Co-Sponsored by:Assemblymen Carroll, Doherty and DiMaioSYNOPSIS
Claims sovereignty under Tenth Amendment to United States Constitutionover all powers not otherwise enumerated and granted by Constitution tofederal government.
CURRENT VERSION OF TEXT
As introduced.
 
 
ACR238
CHIUSANO, MCHOSE2
A
 
C
ONCURRENT
R
ESOLUTION
claiming sovereignty under the1Tenth Amendment to the United States Constitution over all2powers not otherwise enumerated and granted by the3Constitution to the federal government.45
W
HEREAS
,
Federalism is the constitutional division of powers6between the national and state governments; and7
W
HEREAS
,
Thomas Jefferson called for “the support of the State8governments in all their rights, as the most competent9administrations for our domestic concerns and the surest bulwarks10against antirepublican tendencies;" and11
W
HEREAS
,
The Tenth Amendment to the Constitution of the United12States reads as follows: “The powers not delegated to the United13States by the Constitution, nor prohibited by it to the states, are14reserved to the states respectively, or to the people;” and15
W
HEREAS
,
The Tenth Amendment defines the total scope of federal16power as being that specifically granted by the Constitution of the17United States and no more; and18
W
HEREAS
,
The scope of power defined by the Tenth Amendment19means that the federal government was created by the states20specifically to be an agent of the states; and21
W
HEREAS
,
In 2009, the states are demonstrably treated as agents of 22the federal government; and23
W
HEREAS
,
Many federal mandates are directly in violation of the24Tenth Amendment to the Constitution of the United States; and25
W
HEREAS
,
The United States Supreme Court has ruled in New York 26v. United States, 505 U.S. 144 (1992), that Congress may not27simply commandeer the legislative and regulatory processes of the28states; and29
W
HEREAS
,
A number of proposals from previous administrations and30some now pending from the present administration and from31Congress may further violate the Constitution of the United States;32now, therefore,3334
B
E
I
T
R
ESOLVED
by the General Assembly of the State of New
35
 Jersey (the Senate concurring):
36371.
 
The State of New Jersey hereby claims sovereignty under38the Tenth Amendment to the Constitution of the United States over39all powers not otherwise enumerated and granted to the federal40government. This resolution serves as notice and demand to the41federal government, as our agent, to cease and desist, effective42immediately, mandates that are beyond the scope of these43constitutionally delegated powers.44452.
 
Duly authenticated copies of this resolution, signed by the46Speaker of the General Assembly and the President of the Senate47and attested to by the Clerk of the General Assembly and the48
of 00

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phil-grimm-6880

Attention to all State of NJ 9.12ers, Tea Party members ans all Citizens of our state. Read this and support this amendment. Your Freedom will depend on this in the very new future.

reply12 / 19 / 2009
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