House Resolution 46 passed the House today

The federal government is a creature of the states - not the other way around (Walter E. Williams January 27, 1995)

CENTRAL VA- Statement by Delegate Christopher K. Peace (R-Hanover) upon the passage of HR 46:

"House Resolution 46 would convey the sense of the House of Delegates that the Congress of the United States be urged to affirm the principles of federalism expressed under the Tenth Amendment to the Constitution of the United States. The Tenth Amendment was included in the bill of rights as a protection for the people against federal overreach in the same way the second amendment protects our gun rights or the first our free exercise of religion. It makes it very clear that all duties and rights not given to the federal government are reserved to the people and the States.

In recent years, there has been much concern about how the federal government’s largesse and mandates influence our personal lives, our businesses as well as the business of state governments. These concerns about overreach are justified. My Congressman, the Majority Leader, Eric Cantor recently stated: “Washington has assumed more control over our economy and the private sector through excessive regulations and unprecedented mandates. Our liberty and freedom has lessened as the size and scope of the federal government has exploded.”

In case you may think this is a partisan thing only, I am willing to acknowledge that there has been equal opportunity overreach by the federal government over the past 20 years and it is not solely limited to the recent congressional actions on stimulus, the nationalized student loan program, or government overhauls of industry including an auto-bailout. In fact, there are specific examples of further regulatory concern addressed in the memorializing resolutions on the calendar today and they include potential net neutrality regulation at the FCC among others. Please note that these subsequent resolutions were supported unanimously in committee by both sides of the aisle.

On Friday we unanimously adopted a proactive resolution memorializing the FDA from further unwarranted intrusions into local industries.

HR 46 is a modest effort to communicate the House’s desire to see a return of a proper balance between federal and state government. State governments across the country have introduced resolutions asserting Tenth Amendment protections under the Constitution. Since a version of this resolution was initially introduced, 13 states have passed similar resolutions and last year, HJ125 patroned by Del. Athey passed this house with nearly 75 votes only to fail in the Senate. It is appropriate that this body again affirm the principles of the Bill of Rights that became law when Virginia ratified them on December 15, 1791."