Senate Joint Resolution No. 1--Senators Rhoads, O'Co
    nnell,
        James, McGinness, Lowden and Regan

                FILE NUMBER........


SENATE JOINT RESOLUTION--Claiming the sovereignty of the State of 
       Nevada 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.


  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 it further
  RESOLVED, That this resolution becomes 
effective upon passage and approval.

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