H.R. 2916 (112th): Tenth Amendment Enforcement Act

112th Congress, 2011–2013. Text as of Sep 14, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 2916

IN THE HOUSE OF REPRESENTATIVES

September 14, 2011

(for himself and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To enforce the tenth article of amendment to the Constitution of the United States as it relates to the autonomous sovereign police powers of the States.

1.

Short title

This Act may be cited as the Tenth Amendment Enforcement Act.

2.

Protection of State Police Powers

(a)

Reaffirmation of State Police Powers

Except as limited by the minimum due process and equal protection requirements imposed on the States by the 14th article of amendment to the United States Constitution and by requirements imposed on State or local governments as a condition of receiving Federal funds, the Congress reaffirms each State’s autonomous sovereign police powers under the 10th article of amendment to the Constitution to preserve and protect the safety, security, and property of the citizens of the State without interference or oversight from Federal authorities.

(b)

Civil Action by Governor or Member of the State Legislature

(1)

In addition to any other remedy which may exist, in order to protect the State’s sovereign authority to determine for itself the appropriate means to preserve and protect the safety, security, and property of the citizens of the State, the chief executive or a member of the legislature of a State may, in a civil action in that chief executive’s or member’s official capacity, obtain declaratory or injunctive relief—

(A)

to remedy any action taken by a Federal authority that attempts to interfere with the State’s sovereign authority; or

(B)

to obtain compliance with section 4 of article IV of the Constitution of the United States.

(2)

The plaintiff commencing a civil action under this subsection is immune from civil liability resulting from the plaintiff’s participation in that civil action, including liability for any attorney fees, costs, and sanctions that may be awarded in connection with the civil action.