2012 -- H 7556

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LC00507

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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H O U S E R E S O L U T I O N

REQUESTING THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO

REFRAIN FROM ENACTING OR IMPOSING ANY LAW OR REGULATION THAT

WOULD DIMINISH THE RIGHTS OF THE PEOPLE OF RHODE ISLAND TO GOVERN

THEMSELVES AS A FREE, SOVEREIGN, AND INDEPENDENT STATE

     

     

     Introduced By: Representatives Trillo, Costa, Brien, Chippendale, and Morgan

     Date Introduced: February 15, 2012

     Referred To: House Judiciary

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     WHEREAS, The Ninth and Tenth Amendments to the United States Constitution

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guarantee that all powers not expressly delegated to the federal government in the United States

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Constitution must be reserved to the individual states, and those rights may never be delegated to

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the federal government of the United States; and

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     WHEREAS, The Ninth Amendment of the United States Constitution states, "the

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enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage

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others retained by the people"; and

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     WHEREAS, The 10th Amendment defines the total scope of federal power as being that

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specifically granted by the United States Constitution and no more. It states, "the powers not

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delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved

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to the States respectively, or to the people"; and

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     WHEREAS, In addition, the United States Supreme Court ruled in New York v. United

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States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and

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regulatory processes of the states; now, therefore be it

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     RESOLVED, That this House of Representatives hereby affirms that the people of this

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state have the sole and exclusive right to govern themselves as a free, sovereign, and independent

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state and any proposals that impede, diminish, or revoke those rights would violate the form of

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government we have chosen and breach the United States Constitution; and be it further

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     RESOLVED, That this House of Representatives hereby respectfully requests the

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President and Congress of the United States to refrain from enacting or imposing any law or

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regulation that is beyond the scope of these constitutionally delegated powers or that would

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diminish the rights of the people of Rhode Island to govern themselves as a free, sovereign, and

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independent state; and be it further

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     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

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transmit duly certified copies of this resolution to the Honorable Barack Obama, President of the

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United States, and the Rhode Island Congressional delegation.

     

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LC00507

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H7556