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HOUSE RESOLUTION


 
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    WHEREAS, The Tenth Amendment to the Constitution of the 
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United States specifically provides that, "The powers not 
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delegated to the United States by the Constitution, nor 
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prohibited by it to the States, are reserved to the States 
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respectively, or to the people"; and

 
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    WHEREAS, The Tenth Amendment was part of the original Bill 
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of Rights, which was proposed on September 25, 1789, ratified 
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by three-fourths of the states, and went into effect on 
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December 15, 1791; and

 
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    WHEREAS, The Tenth Amendment limits the scope of federal 
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power and prescribes that the federal government was created by 
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the states specifically to be an agent of the states, rather 
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than the states being agents of the federal government; and
 
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    WHEREAS, When taking the oath of office, all members of the 
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Illinois General Assembly solemnly swear that they will support 
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the Constitution of the United States and the Constitution of 
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the State of Illinois; and

 
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    WHEREAS, Many federal mandates are in direct violation of 
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the Tenth Amendment to the Constitution of the United States 
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and infringe upon both Illinois' reserve powers and the 
 


 






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people's reserved powers; and

 
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    WHEREAS, The United States Supreme Court ruled in New York 
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v. United States, 505 U.S. 144 (1992), that Congress may not 
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simply commandeer the legislative and regulatory processes of 
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the states by compelling them to enact and enforce regulatory 
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programs; and

 
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    WHEREAS, The United States Supreme Court, in Printz v. 
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United States/Mack v. United States, 521 U.S. 898 (1997), 
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reaffirmed that the Constitution of the United States 
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established a system of "dual sovereignty" that retains "a 
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residuary and inviolable sovereignty" by the states; 
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therefore, be it

 
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    RESOLVED, BY THE  HOUSE OF REPRESENTATIVES OF THE 
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NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 
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the State of Illinois hereby claims sovereignty under the Tenth 
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Amendment to the Constitution of the United States over all 
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powers not otherwise enumerated and granted to the federal 
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government by the Constitution of the United States; and be it 
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further

 
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    RESOLVED, That this resolution shall serve notice to the 
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federal government of our demand to maintain the balance of 
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powers where the Constitution of the United States established 
 


 






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it; and be it further
 
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    RESOLVED, That we state our intentions to ensure that all 
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government agencies and their agents and employees operating 
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within the geographic boundaries of the State of Illinois, or 
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whose actions have an effect on the inhabitants, lands, or 
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water of Illinois, shall operate within the confines of the 
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original intent of the Constitution of the United States; and 
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be it further
 
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    RESOLVED, That suitable copies of this resolution be 
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delivered to the President of the United States, the President 
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pro tempore of the United States Senate, the Speaker of the 
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United States House of Representatives, and each member of the 
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Illinois congressional delegation.