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State of Nevada
Senate Joint Resolution No. 1
Introduced by Senators Rhoads, O’Connell, James, McGinness, Lowden and Regan
WHEREAS, The 10th Amendment to the Constitution of the United States states that the “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and
WHEREAS, The 10th Amendment confirms that the scope of power of the Federal Government is no more than that which is specifically enumerated and delegated to the Federal Government by the Constitution of the United States; and
WHEREAS, The power of the states, as stated in the 10th Amendment, indicates that the Federal Government was created by the several states specifically to act as an agent of the states; and
WHEREAS, By requiring the various states to carry out certain federal mandates, the Federal Government is demonstrably treating the states as agents of the Federal Government; and
WHEREAS, Many federal mandates may be in direct violation of the Constitution of the United States, and may, therefore, infringe upon the powers reserved to the states or to the people by the 10th Amendment; and
WHEREAS, In the case of New York v. United States, 112 S.Ct. 2408 (1992), the Supreme Court of the United States stated that the Congress of the United States may not simply commandeer the legislative and regulatory processes of the states, and that Congress exercises its conferred powers subject to the limitations contained in the Constitution; and
WHEREAS, Numerous proposals from previous presidential administrations and some now proposed by the current presidential administration and Congress may further violate the 10th Amendment and other provisions of the Constitution of the United States; now, therefore, be it
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That the State of Nevada hereby claims sovereignty pursuant to the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and delegated to the Federal Government by the Constitution of the United States; and be it further
RESOLVED, That this resolution serve as a notice and demand to the Federal Government, as the agent of the State of Nevada, to cease and desist immediately the enactment and enforcement of mandates which are beyond the scope of the enumerated powers delegated to the Federal Government by the Constitution of the United States; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be if further
RESOLVED, That this resolution becomes effective upon passage and approval.
ADOPTED BY THE SENATE—March 1, 1995
ADOPTED BY THE ASSEMBLY—April 28, 1995
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