ALEC Legislation in Virginia: Federal Relations

Virginia's Resolution on the Tenth Amendment

ALEC's Resolution Reaffirming Tenth Amendment Rights

WHEREAS, the Tenth Amendment to the Constitution of 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 an agent of the states; and

WHEREAS, the states today are demonstrably treated as agents of the federal government; and

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

WHEREAS, the Tenth Amendment to the Constitution of the United States specifically provides 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 Tenth Amendment was part of the original Bill of Rights, which was proposed on September 25, 1789, ratified by three-fourths of the states, and went into effect on December 15, 1791; and

WHEREAS, the Tenth Amendment limits the scope of federal power and

prescribes that the federal government was created by the states specifically to be an agent of the states,

rather than the states being agents of the federal government; and

WHEREAS, when taking the oath of office, all members of the General Assembly of [Insert State] solemnly swear that they will support the Constitution of the United States and the Constitution of  [Insert State]; and

WHEREAS, many federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States and infringe upon both the reserved powers of  [Insert State] and the people's reserved powers; and

WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state of the United States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Article IV, Section 4 of the Constitution says that "The United States shall guarantee to every state in this Union a Republican form of government," and the Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, a number of proposals from previous administrations, and other proposals that may be anticipated, may further violate the Constitution of the United States; now, therefore, be it

WHEREAS, the United States Supreme Court ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states by compelling them to enact and enforce regulatory programs; and

WHEREAS, the United States Supreme Court, in Printz v. United States/Mack v. United States, 521 u.s. 898 (1997), reaffirmed that the Constitution of the United States established a system of "dual sovereignty" that retains "a residuary and inviolable sovereignty" by the states;

RESOLVED by the Senate, the House of Delegates concurring, That the Congress of the United States be urged to honor state sovereignty under the Tenth Amendment to the Constitution of the United States. The Commonwealth of Virginia hereby claims 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. The Commonwealth hereby serves notice and demand to the federal government, as its agent, to cease and desist, effective immediately, any and all mandates that are beyond the scope of these constitutionally delegated powers. Further, the Commonwealth requires that every bill introduced by the United States House of Representatives and the United States Senate be examined for constitutionality before any action is taken. Finally, the Commonwealth urges that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties, or that sanctions or requires states to pass legislation or lose federal funding, or that applies conditions detrimental to the state, be prohibited or repealed immediately; and, be it

NOW THEREFORE BE IT RESOLVED that [Insert State] hereby claims 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; and

RESOLVED FURTHER, That the General Assembly affirms the right of the Governor of Virginia and the Attorney General to disregard any federal legislation that is enacted outside the scope of the Tenth Amendment to the Constitution of the United States; and, be it

RESOLVED FINALLY, That the Clerk of the Senate 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, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia in this matter.

BE IT FURTHER RESOLVED that this resolution shall serve notice to the federal government of our demand to maintain the balance of powers where the Constitution of the

United States established it; and

BE IT FURTHER RESOLVED that we state our intentions to ensure that all government agencies and their agents and employees operating w1thtn the geographic boundaries of  [Insert State], or whose actions have an effect on the inhabitants, lands, or water of [Insert State], shall operate within the confines of the original intent of the Constitution of the United States; and

BE IT FURTHER RESOLVED that suitable copies of this resolution be delivered to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, and each member of the congressional delegation of [Insert State]. 

Virginia's bills: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HR61

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HR5

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SJ17

ALEC's model legislation: http://www.alecexposed.org/w/images/ a/a2/4B3a-Resoluting_Reaffirming_Tenth _Amendment_Rights_Exposed.pdf

Virginia's resolution on the Value Added Tax

ALEC's resolution in opposition to Value-Added Taxes

WHEREAS, a value-added tax (VAT) is a consumption tax placed on products whenever value is added and at final sale, typically with credits, complex record-keeping, and varying rates for different products; and

WHEREAS, the VAT would be another new tax that American families and small businesses would bear; and

WHEREAS, the typical VAT rate in Europe has grown from less than five percent in the 1960s to nearly 20 percent today; and

WHEREAS, the minimum VAT rate a country needs to join the European Union is 15 percent; and

WHEREAS, a value-added tax (VAT) is a consumption tax placed on products whenever value is added and at final sale, typically with credits, complex recordkeeping, and varying rates for different products, and

WHEREAS, the VAT would be another new tax which American families and small businesses would bear, and

WHEREAS, the typical VAT rate in Europe has grown from less than 5 percent in the 1960s to nearly twenty percent today, and

WHEREAS, the minimum VAT rate a country needs to join the European Union is fifteen percent, and

WHEREAS, other taxes in Europe have risen at the same time as the VAT has risen, leading to a very high level of taxation compared with the United States; and

WHEREAS, there is every reason to believe that the European experience of the last half-century would be repeated here; and

WHEREAS, there are pro-growth ways to promote domestic manufacturing and international tax competitiveness without imposing a dangerous new VAT on top of existing income taxes; and

WHEREAS, there are pro-growth and pro-business ways of executing tax reform that do not involve the introduction of a new type of tax into our tax structure on top of, or in addition to, existing income and other taxes; now, therefore, be it

WHEREAS, other taxes in Europe have risen at the same time as the VAT has risen, leading to a very high level of taxation compared to the United States, and

WHEREAS, there is every reason to believe that the European experience of the last half-century would be repeated here, and

WHEREAS, there are pro-growth ways to help domestic manufacturing and international tax competitiveness without imposing a dangerous new VAT, and

WHEREAS, there are pro-growth and pro-family ways of executing tax reform that do not involve the introduction of a new type of tax into our tax structure,

RESOLVED by the House of Delegates, the Senate concurring, That the members of the Virginia Delegation of the Congress of the United States be urged to oppose the enactment of a value-added tax on consumption in addition to existing income and other taxes; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia in this matter.

NOW THEREFORE BE IT RESOLVED that the legislature of the state of {insert state}: urge all members of our state's Congressional delegation to oppose a value-added tax on principle.

BE IT FURTHER RESOLVED that this state is on record as opposing a European style VAT at the state or local level for any reason.

Virginia's bill: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HJ642

ALEC's model legislation: http://www.alecexposed.org/w/ images/d/d3/8E1-A_Resolution_in_ Opposition_to_Value-Added_Taxes_exposed.pdf

Virginia's application to U.S. Congress to call convention to propose an amendment.

ALEC's Resolution Calling for the Congress of the United States to Call a Constitutional Convention

WHEREAS, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress"; and

WHEREAS, the Congress has exceeded the legislative powers granted in the Constitution thereby encroaching on the powers that are "reserved to the states respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers; and

WHEREAS, this encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights; and

WHEREAS, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress"; and

WHEREAS, the Congress has exceeded the legislative powers granted in the

Constitution thereby encroaching on the powers that are "reserved to the states respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers; and

WHEREAS, this encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights; and

WHEREAS, this encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and

WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in reference to Article V of the Constitution and the calling of a convention for the purpose of proposing amendments that, "We may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority"; and

WHEREAS, the Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people; now, therefore, be it

WHEREAS, this encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and

WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in reference to Article V of the Constitution and the calling of a convention for the purpose of proposing amendments that, "We may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority"; and

WHEREAS, the Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people;

RESOLVED by the House of Delegates, the Senate concurring, That the Commonwealth of Virginia hereby applies to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the state legislatures. The Virginia Delegation to such convention, when called, shall propose the following amendment:

"Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."; and, be it

NOW THEREFORE BE IT RESOLVED That the Congress of the United States be urged to call a constitutional convention pursuant to Article V of the United States

Constitution for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds

of the state legislatures, and the {insert state} Delegation to such Convention, when called, shall propose the following amendment:

"Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed;" and

RESOLVED FURTHER, That this resolution is revoked and withdrawn, nullified, and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used for the purpose of calling a convention or used in support of conducting a convention to amend the Constitution of the United States for any purpose other than consideration of the amendment proposed in this resolution; and, be it

RESOLVED FURTHER, That the Commonwealth of Virginia reserves its right to add future amendments as the legislature deems warranted to this application; and, be it

RESOLVED FURTHER, That delegates to such convention, when called, be selected according to procedures established by the legislatures of the several states; and, be it

BE IT RESOLVED FURTHER, That delegates to such Convention, when called, be selected according to procedures established by the legislatures of the several states; an

RESOLVED FINALLY, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia in this matter.

BE IT RESOLVED FURTHER, That the Clerk of the {state legislative body} transmit copies of this resolution to the Speaker of the United States House of

Representatives, the President of the United States Senate, and the members of Representatives, the President of the United States Senate, and the members of the {insert state} Congressional Delegation so that they may be apprised of the sense of the {state legislative body} in this matter.

Virginia's bill: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HJ542

ALEC's model legislation: http://www.alecexposed.org/w/ images/a/a3/4B2- Resolution_Calling_for_ Congress_of_the_United_States _to_Call_a_Constitutional _Convention_Exposed.pdf

Virginia's resolution on a federal balanced budget amendment

ALEC's balanced budget amendment resolution

WHEREAS, this nation has become deeply in debt as its expenditures have exceeded available revenues so that the total federal public debt now exceeds $14 trillion and continues to increase; and

WHEREAS, the federal budget fails to reflect actual spending because of the exclusion of special outlays that are neither included in the budget nor subject to the legal public debt limit; and

WHEREAS, knowledgeable planning requires that the budget reflect all federal spending and that the budget be in balance; and

WHEREAS with each passing year this nation becomes deeply in debt as its expenditures grossly and repeatedly exceed available revenues so that the public debt now exceeds four trillion dollars; and

WHEREAS the unified budget does not reflect actual spending because of the exclusion of special outlays which are not in the budget; and

WHEREAS knowledgeable planning and fiscal prudence require that the budget reflect all federal spending and that the budget be in balance; and

WHEREAS, attempts to curtail federal spending, confine expenditures to available revenues, and reduce the annual deficit have met with only limited success; and

WHEREAS, the requirement to balance the budget will promote responsibility at the federal level, provide checks against unnecessary and costly appropriations, and reinforce efforts to bring about fiscal integrity; and

WHEREAS, the Constitution of the Commonwealth provides for a balanced budget, and this provision has reinforced the inherent fiscal common sense of spending only funds available and has contributed to the Commonwealth's outstanding reputation for sound fiscal management and policy; and

WHEREAS attempts to limit spending, including the impoundment of funds by the President of the United States, have resulted in strenuous assertions that the responsibility for appropriations is the constitutional duty of the Congress; and

WHEREAS the annual federal budget repeatedly demonstrates the unwillingness or inability of both the legislative and executive branches of the Federal government to curtail spending to conform to available revenues; and

WHEREAS, efforts in Congress to amend the Constitution of the United States to add a balanced budget requirement have not been successful; and

WHEREAS, in the event of congressional inaction, Article V of the Constitution of the United States grants to the states the right to initiate constitutional change through application by the legislatures of two-thirds of the several states to the Congress, calling for a constitutional convention; and

WHEREAS, the Congress is required by Article V to call such a convention upon receipt of such applications; now, therefore, be it

WHEREAS under Article V of the Constitution of the United States, amendments to the U.S. Constitution may be proposed by the Congress whenever two-thirds of both Houses deem it necessary, or on the application of the legislatures of two-thirds of the several states the Congress shall call a constitutional convention for the purpose of proposing amendments;

RESOLVED by the House of Delegates, the Senate concurring, That the Congress of the United States be urged to adopt legislation requiring a balanced federal budget; and, be it

RESOLVED FURTHER, That pursuant to Article V of the Constitution of the United States, the General Assembly of Virginia does hereby make application to the Congress of the United States to call a convention for the sole and exclusive purpose of proposing to the several states a constitutional amendment to add an article to provide for a balanced budget requirement. The proposed article should contain substantially the following provisions:

NOW THEREFORE BE IT RESOLVED by the legislature of the state, a majority of all members of the two houses, voting separately, concurring herein, that the Congress of the United States of America is hereby petitioned to adopt an amendment to the Constitution of the United States, for submission to the states for ratification, requiring, with certain exceptions, that for each fiscal year the president of the United States submit and the Congress of the United States adopt a balanced federal budget; or, in the alternative,

BE IT FURTHER RESOLVED, effective [insert date] that pursuant to Article V of the Constitution of the United States, the legislature of the state makes application to the Congress of the United States of

America to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States, for submission to the states for ratification, requiring, with certain exceptions, that for each fiscal year the president of the United States submit and the Congress of the United States adopt a balanced federal budget.

"Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year, unless three-fifths of the whole number of each House of Congress shall provide by law for a specific excess of outlays over receipts by a roll call vote.

Section 2. The limit on the debt of the United States held by the public shall not be increased, unless three-fifths of the whole number of each House shall provide by law for such an increase by a roll call vote.

Section 3. Prior to each fiscal year, the President shall transmit to the Congress a proposed budget for the United States Government for that fiscal year in which total outlays do not exceed total receipts.

Section 4. No bill to increase revenue shall become law unless approved by a majority of the whole number of each House by a roll call vote.

Section 5. The Congress may waive the provisions of this article for any fiscal year in which a declaration of war is in effect. The provisions of this article may be waived for any fiscal year in which the United States is engaged in military conflict that causes an imminent and serious military threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, which becomes law.

Section 6. The Congress shall enforce and implement this article by appropriate legislation, which may rely on estimates of outlays and receipts.

Section 7. Total receipts shall include all receipts of the United States Government except those derived from borrowing. Total outlays shall include all outlays of the United States Government except for those for repayment of debt principal.

Section 8. This article shall take effect beginning with the later of the second fiscal year beginning after its ratification or the first fiscal year beginning after December 31, 2013."; and, be it

RESOLVED FURTHER, That unless rescinded by the General Assembly of Virginia, this application shall constitute a continuing application for such convention pursuant to Article V of the Constitution of the United States until the legislatures of two-thirds of the states shall have made like applications and such convention shall have been called by the Congress of the United States; and, be it

BE IT FURTHER RESOLVED, that this application by this legislature constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the Legislatures of the several states have made application for a similar convention pursuant to Article V or the Congress has proposed an amendment to the Constitution of the United States similar in subject matter to that contained in this Joint Resolution.

RESOLVED FURTHER, That since this method of proposing an amendment has never been completed to the point of calling a convention and since the exercise of the power is a matter of basic sovereign rights and the interpretation thereof is primarily in the sovereign government making such exercise and since the power to use such right in full also carries the power to use such right in part, the General Assembly interprets Article V to mean that if two-thirds of the states make application for a convention to propose a substantially similar amendment to the Constitution for ratification with a limitation that such amendment be the only matter before it, that such convention would have power to propose only the specified amendment and would be limited to such proposal and would not have power to propose other amendments on different propositions; and, be it

RESOLVED FINALLY, That the Clerk of the House of Delegates transmit copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Virginia Congressional Delegation, and the legislatures of each of the several states, attesting the adoption of this resolution by the General Assembly of Virginia.

BE IT FURTHER RESOLVED, that certified copies of this Joint Resolution be transmitted by the Secretary of State to the President of the United States Senate, to the Speaker of the United States House of Representatives, to each member of this state's delegation to the Congress and to the presiding officer of each house of each state legislature in the United States.

Virginia's bills: http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HJ88

http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HJ852

ALEC's model legislation: http://www.alecexposed.org/w/ images/9/9d/8B17-The_Balanced_Budget_Amendment _Resolution_exposed.pdf

Virginia's resolution memorializing Congress to repeal or amend the federal Real ID Act

ALEC's Resolution in Opposition to the REAL ID Act

WHEREAS, the Real ID Act of 2005 requires that states adopt federal standards for driver's licenses and identification cards by May 11, 2008; and

WHEREAS, the Real ID Act constitutes a costly unfunded mandate by the federal government to the states; and

WHEREAS, the National Governor's Association, the National Conference of State Legislatures, and the American Association of Motor Vehicle Administrators estimate that the Real ID Act will cost at least $11 billion annually over the next five years; and

WHEREAS, the REAL ID Act requires states to conform their processes of issuing drivers licenses and identification cards to federal standards by May 2008; and

WHEREAS, the REAL ID Act thus constitutes an unfunded mandate by the federal government to the states; and

WHEREAS, the REAL ID Act will cost the states over $11 billion to implement according to a recent survey of 47 state licensing authorities conducted by the National Governor's Association, the National Conference of State Legislatures, and the American Association of Motor Vehicle Administrators; and

WHEREAS, the Real ID Act requires that a driver's license display a person's actual home address and provides no exception for those individual's in potential danger, such as victims of domestic violence or undercover law-enforcement officials; and

WHEREAS, the Real ID Act contains significant record verification procedures that place unreasonable burdens and inconveniences on citizens of the Commonwealth when renewing their driver's licenses; and

WHEREAS, the costs of obtaining or renewing a driver's license will increase since the procedures under the Real ID Act will likely require more workers, additional training, and system upgrades, which may not be funded by the federal government; and

WHEREAS, the Real ID Act will involve a national database that creates the opportunity for identity theft and invasion of privacy; and

WHEREAS, the requirement that states maintain databases of information about their citizens and then share this information with other states exposes every state to the information security weaknesses of every other state and threatens the privacy of every American; now, therefore, be it

WHEREAS, the requirement that states maintain databases of information about their citizens and residents and then share this personal information with all other states will expose every state to the information security weaknesses of every other state and threaten the privacy of every American; and

RESOLVED by the House of Delegates, the Senate concurring, That the Congress of the United States be urged to repeal the Real ID Act or delay implementation of the Real ID Act until such time as adequate funds are available to the states to cover the costs of implementation and until amendments are made to the Real ID Act to protect the privacy and preserve the essential civil rights and liberties of the citizens of the Commonwealth; and, be it

THEREFORE, BE IT FURTHER RESOLVED that ALEC implores the United States Congress and the U.S. Department of Homeland Security to suspend implementation of the REAL ID Act; and

THEREFORE, BE IT FURTHER RESOLVED that the REAL ID Act should be repealed outright by the United States Congress to avoid the significant problems it currently poses to state sovereignty, individual liberty and limited government.

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia in this matter.

Virginia's bill: http://leg1.state.va.us/cgi-bin/legp524.exe?081+ful+HJ42

ALEC's model legislation: http://alecexposed.org/w/ images/0/06/7K7 -Resolution_in_Opposition _to_the_REAL_ID_Act_Exposed.pdf