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House Engrossed
sovereign authority |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE CONCURRENT RESOLUTION 2049 |
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A CONCURRENT RESOLUTION
Claiming sovereignty under the tenth amendment to the constitution of the united states, serving notice to the federal government to cease and desist certain mandates and providing that certain federal DIRECTIVES be prohibited or repealed.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Whereas, pursuant to the Tenth Amendment to the Constitution of the United States, "[t]he 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 the power 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, pursuant to the Ninth Amendment to the Constitution of the United States, "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; and
Whereas, article II, section 1 of the Constitution of Arizona commands that "[a] frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government"; and
Whereas, article II, section 2 of the Constitution of Arizona recognizes that "[a]ll political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights"; and
Whereas, at the general election on November 4, 2014, the people of this state passed Proposition 122, which amended article II, section 3 of the Constitution of Arizona to protect the people's freedom, preserve the checks and balances of the United States Constitution and assert this state's sovereign authority to restrict the actions of its personnel and use of its financial resources to purposes that are consistent with the Constitution; and
Whereas, article II, section 3 of the Constitution of Arizona empowers this state to exercise its sovereign authority by passing an initiative or referendum pursuant to article IV, part 1, section 1 of the Constitution of Arizona, passing a bill pursuant to article IV, part 2 and article V, section 7 of the Constitution of Arizona and pursuing any other available legal remedy; and
Whereas, pursuant to the express directive of article II, section 3 of the Constitution of Arizona, if the people or their representatives exercise their authority pursuant to this section, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with federal actions or programs that are contrary to the state or federal constitutions; and
Whereas, the right to be free from the commandeering hand of the federal government has been recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992), and Printz v. United States, 521 U.S. 898 (1997), yet many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and
Whereas, it is axiomatic that liberty is not granted by governments but embodies the natural rights of all people; and
Whereas, the legislature intends to protect the principles of freedom and justice enshrined in the United States Constitution and recognized by the Supreme Court of the United States, and to prevent Arizonans from being commandeered by the federal government to participate in the enforcement of federal acts or regulatory programs that are inconsistent with the constitutional principles discussed in this resolution.
Therefore
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. That the State of Arizona hereby expresses the intent to reassert and exercise this state's sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government or reserved to the people by the Constitution of the United States.
2. That, in accordance with the Ninth Amendment to the Constitution of the United States and article II of the Constitution of Arizona, the rights of the people are not limited to those enumerated in the federal or state constitutions, and the State of Arizona reaffirms its commitment to protect all liberties and constitutional rights retained by the people.
3. That this Resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.
4. That all compulsory federal legislation, rules, actions or programs that direct states to comply under threat of civil or criminal penalties or sanctions, that require states to pass legislation or lose federal funding, or that have been declared by any federal court to be unconstitutionally coercive or commandeering are prohibited or repealed.
5. That the citizens of this state are empowered and encouraged to take any action and pursue any available legal remedy to assert this state's sovereign authority, consistent with article II, section 3 of the Constitution of Arizona.
6. That the Secretary of State of the State of Arizona transmit copies of this Resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state's legislature and each Member of Congress from the State of Arizona.