Bill 3225

                    Current Status

Bill Number:                       3225
Type of Legislation:               Concurrent Resolution CR
Introducing Body:                  House
Introduced Date:                   19950110
Primary Sponsor:                   Cooper
All Sponsors:                      Cooper, Townsend, Fulmer,
                                   A. Young, Witherspoon, Allison,
                                   Walker, Vaughn, D. Smith, Harrell,
                                   H. Brown, P. Harris, Waldrop,
                                   Lanford, Davenport, Wells, Haskins,
                                   Stille, Hallman, Chamblee, Carnell,
                                   Klauber, Wofford, Harrison, Quinn,
                                   Stuart, Cotty, Shissias, J. Harris,
                                   Wright, Riser, Knotts, Fair,
                                   Easterday, Marchbanks, Trotter, Cato,
                                   Robinson and Tripp 
Drafted Document Number:           BBM\9677JM.95
Date of Last Amendment:            19960117
Date Bill Passed both Bodies:      19960123
Subject:                           Tenth Amendment

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960123  Concurred in Senate amendment
Senate  19960117  Amended, adopted, returned to House
                  with amendment
Senate  19950518  Made Special Order
Senate  19950418  Committee report: majority               11 SJ
                  favorable, with amendment,
                  minority unfavorable
Senate  19950207  Introduced, referred to Committee        11 SJ
House   19950202  Adopted, sent to Senate
House   19950201  Committee report: Favorable              25 HJ
House   19950110  Introduced, referred to Committee        25 HJ

Indicates Matter Stricken
Indicates New Matter

AS PASSED BY THE SENATE

January 17, 1996

H. 3225

Introduced by REPS. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp

S. Printed 1/17/96--S.

Read the first time February 7, 1995.

A CONCURRENT RESOLUTION

TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Amend Title To Conform

Whereas, the Tenth Amendment to the Constitution for the United States reads as follows:

"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 the agent of the States; and

Whereas, today in 1994 the States are demonstrably treated as agents of the federal government; and

Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly of the State of South Carolina without any response or result from Congress, the President, or other agencies or officials of the federal government; and

Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that the Congress may not simply commandeer the legislative and regulatory processes of the States; and

Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That: (1) The General Assembly of the State of South Carolina, by this resolution, hereby claims for the State of South Carolina 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.

(2) Such powers are limited and defined by Article I, Section 8 of the Constitution for the United States as follows:

"The ... power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;

To borrow Money on the Credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the punishment of Counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the Supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;

To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines and Arsenals, dock yards, and other needful buildings; -- And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Be it further resolved that copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House and the President of the Senate of the other forty-nine States of the Union."