Governor Rick Perry of Texas has announced his support of a resolution in the Texas legislature, HCR 50, which reaffirms the principles of federalism. Good for him. Here’s the text of the resolution. It states that, whereas such and such, the state “claim[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 by the Constitution of the United States.” It also “serve[s] 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,” and urges the repeal of all federal laws “that direct[] states to comply under threat of...sanctions” or “require[] states to pass legislation or lose federal funding.”
Constitutionally speaking, the only problem with this is the reference to the federal government as “our agent”—the federal government is the agent of the people, not of the state of Texas—but this is a minor issue. I think this is a healthy (though totally ineffective) assertion of constitutional principles. Good for them!
On the other hand, I don’t see Texans turning around and handing back any federal grants....
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