75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 1659
 
                     House Joint Memorial 17
 
Sponsored by Representatives RICHARDSON, SCHAUFLER;
  Representatives BARKER, BENTZ, BERGER, BRUUN, CAMERON,
  ESQUIVEL, FREEMAN, GARRARD, GILLIAM, GILMAN, HANNA, KENNEMER,
  KRIEGER, MAURER, OLSON, G SMITH, SPRENGER, THATCHER, WEIDNER,
  WHISNANT, WINGARD
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Urges Congress to refrain from imposing mandates on states and
to allow State of Oregon to freely exercise sovereignty granted
to it under Tenth Amendment of Constitution of United States.
 
                         JOINT MEMORIAL
To the Senate and the House of Representatives of the United
  States of America, in Congress assembled:
  We, your memorialists, the Seventy-fifth Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas the Tenth Amendment to the Constitution of the United
States provides, '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 Tenth Amendment defines the total scope of federal
power as being that specifically granted by the Constitution of
the United States and no more; and
  Whereas the scope of power defined by the Tenth Amendment means
that the federal government was created by the states
specifically to be an agent of the states; and
  Whereas in 2009, the states are instead treated as agents of
the federal government; and
  Whereas many federal mandates are imposed by the federal
government in direct violation of the Tenth Amendment; and
  Whereas the United States Supreme Court has ruled in New York
v. United States, 505 U.S. 144, 175 (1992), that Congress may not
simply commandeer the legislative and regulatory processes of the
states; and
  Whereas many proposals being considered by the federal
government or pending before Congress may further violate the
Constitution of the United States; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) The Congress of the United States of America is requested
to direct the federal government to immediately cease and desist
imposing mandates that are beyond the scope of those powers
expressly delegated by the Constitution of the United States to
the federal government, so that the State of Oregon may freely
exercise the sovereignty due the State of Oregon under the Tenth
Amendment to the Constitution of the United States.
  (2) A copy of this memorial shall be sent to the President of
the United States, the Senate Majority Leader, the Speaker of the
House of Representatives and each member of the Oregon
Congressional Delegation.
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