
State Representatives Leo Berman Brian Hughes and Brandon Creighton recently filed two concurrent resolutions affirming Texas state rights under the ninth and tenth Constitutional amendments.
The first resolution HCR-50 asserts Texas rights under the 10th amendment and the second resolution HCR-66 brings in both the 9th and 10th amendments. Berman said he wants it to be made clear that if a Federal law is not expressly supported by the Constitution the states are not mandated to abide by it.
Berman told Texas Insider that New Hampshire was the first state to file a similar resolution. Berman Hughes and Creighton filed the resolutions after they received e-mails from several constituents fearful that some of President Obamas domestic policies would impose on the rights of Texans.
Berman gave a few examples of what he sees as the federal government overstepping its constitutional power:
First President Obama has indicated that he wants federal registration of all firearms giving the federal government knowledge of where all guns in the country are located. The second amendment gives the people the right to keep and bear arms (which was upheld last year by the U.S. Supreme Court). And Berman believes that under the 2nd amendment Texans are not required to report or federally register their firearms.
Second the president along with Congress has expressed interest in passing the Fairness Doctrine. The Fairness Doctrine was a policy that required the holders of broadcast licenses to present controversial issues of public importance and to do so in a manner that was (in the Commissions view) honest equitable and balanced. The Fairness Doctrine has been strongly opposed by conservatives who view it as an attempt to regulate certain types of speech on the air.
The Fairness Doctrine is in direct violation of freedom of speech" said Berman who went on to say that the policy was ironic because everyone knows that almost all newspapers in the country were in support of Obama."
The resolutions have definitely picked up steam and are becoming a hot topic among Texas legislators and other media sources. Fox News reported on this wave of resolutions and over 26 states have now filed or are interested in filing similar legislation.
The response to these bills has been overwhelming" Berman said Weve had hundreds of e-mails across the state saying finally someone is asserting the rights of the state."
Berman believes opposing these resolutions is akin to opposing the states Constitutional rights.