By:
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Kolkhorst H.J.R.
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No.
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69A JOINT RESOLUTIONapplying to the Congress of the United States to call a conventionto propose an amendment to the United States Constitution providingthat the power to regulate health and education is reserved to thestates.WHEREAS, The federal government is engaged in unsustainabledeficit spending to fund federally mandated but state-run programssuch as Medicaid, and the continued growth in necessary spending onhealth and education strains the state budget; andWHEREAS, The Tenth Amendment to the United StatesConstitution reserves all powers not delegated to the federalgovernment to the states and the people but has proven insufficientto protect the rights of the several states from encroachment; andWHEREAS, Amendment of the United States Constitution toclarify and secure certain powers delegated to the states asprovided by the Tenth Amendment, including the states
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power toregulate health and education, is necessary to better ensure a moreperfect union; andWHEREAS, The United States Constitution contains no expressrestriction on the power of the federal government to regulate theprovision of health and education; andWHEREAS, Article V of the United States Constitution providesthat on application of the legislatures of two-thirds of theseveral states Congress shall call a convention for proposingamendments to the constitution; now, therefore, be it123456789101112131415161718192021222324
82R4149 KYF-D
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RESOLVED, That the 82nd Texas Legislature apply to Congressto call a convention under Article V of the United StatesConstitution for the exclusive purpose of proposing an amendment tothe constitution providing that the power to regulate health andeducation, including the power to protect an individual
’
s healthand right to an education, is reserved exclusively to the states;and, be it furtherRESOLVED, That the amendment proposed by the conventionshould further provide that the amendment supersedes both theNecessary and Proper Clause and the Commerce Clause of Section 8,Article I, as applied to federal legislation regulating health andeducation and that the amendment does not limit any other powerdelegated to the states; and, be it furtherRESOLVED, That the amendment proposed by the conventionshould further provide that, if the federal government collectstaxes for the purpose of health or education, the federalgovernment must distribute the revenue from those taxes as aid tothe several states as block grants permitting the statesdiscretionary use of the funds for health and education; and, be itfurtherRESOLVED, That the amendment proposed by the conventionshould prohibit the federal government from enacting laws thatmandate how states must spend health and education funding or thattax individual behaviors, including inactivity, for the purpose ofregulating health; and, be it furtherRESOLVED, That, unless rescinded by a succeedinglegislature, this application by the 82nd Texas Legislature123456789101112131415161718192021222324252627H.J.R.
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No.
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69
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Health Care Amendment to the US Constitution,Texas
Texas, bill to request that Congress Amend the US Constitution for states right on Health and Education
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