Senate passes State Sovereignty resolution after extended floor debate

Senate Concurrent Resolution 3, a floor resolution urging reassertion of state sovereignty under the Tenth Amendment, drew extended floor debate before passage on Day 22.

Sponsor Senator Adams framed SCR3 as a nonbinding reaffirmation of the founders’ principle that powers not delegated to the federal government are reserved to the states and the people. ‘‘The tenth amendment says, the powers not delegated to The United States by the constitution nor prohibited to it to the states are reserved to the states respectively or the people,’’ Adams said as he distributed copies of the Constitution for senators to follow along.

Opponents on the floor urged caution. Senator Jones said she voted against the resolution in committee and worried about the practical tradeoffs of pushing a states’ rights agenda while continuing to accept federal funds. ‘‘It seems like in all of our discussions, we are always have our hands out to how much federal match would this allow,’’ she said, citing concerns about National Guard funding and other federal supports.

Proponents argued the resolution was a timely assertion of state authority. Senator Valentine said it was ‘‘the time here and now to say this is where the Tenth Amendment intends states to be at’’ and criticized perceived federal overreach on federal lands, education mandates and health-care policy.

The debate touched on examples ranging from CHIP and Medicaid to endangered-species enforcement and school policy. Senator Robles warned that some federal programs have protected civil rights and cautioned against a blanket repudiation of federal roles. Senator Madsen, speaking in committee remarks later referenced on the floor, described entitlement programs as fiscally unsustainable and read commentary characterizing Social Security funding as problematic—comments that other senators later debated for their rhetoric and implications.

After floor discussion, Senator Adams moved SCR3 for third reading and final passage. The Clerk announced the vote as 23 aye, 3 nay and 3 absent; the resolution will be placed at the bottom of the third-reading calendar for formal entry. Because this is a concurrent resolution, it is a formal expression of the legislature’s position rather than a change in state law.

What’s next: SCR3 is a floor resolution indicating the Senate’s stance on federalism and is not itself a statute. Senators and committees will continue to consider companion bills and other measures addressing states’ rights through the session.

Direct quotes in this article are taken from Senate floor remarks during debate on SCR3.