Revision: Jan. 31, 2017, 8:21 a.m.
HCR 4 4 - AS INTRODUCED
HOUSE CONCURRENT RESOLUTION 4
SPONSORS: Rep. Itse, Rock. 10
COMMITTEE: State-Federal Relations and Veterans Affairs
This bill urges Congress to propose adoption of the "regulation freedom" amendment to the United States Constitution which would require a majority vote of the House of Representatives and Senate to adopt a regulation opposed by one quarter of the members of Congress.
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STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Whereas, Locke's Second Treatise on Government is recognized as a foundational document upon which American government is designed; and
Whereas, Locke's discourse on legislative power concludes with the nondelegation doctrine stating, "The power of the legislative, being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands. The legislative neither must nor can transfer the power of making laws to any body else, or place it any where, but where the people have;" and
Whereas, the growth and abuse of federal regulatory authority threaten our Constitutional liberties, including those guaranteed by the Bill of Rights in the First, Second, Fourth, and Fifth Amendments of our Constitution; and
Whereas, federal regulators must be more accountable to elected representatives of the people and not immune from such accountability; and
Whereas, the United States House of Representatives has passed with bipartisan support H.R. 427, the Regulations From the Executive in Need of Scrutiny Act, known as the REINS Act, to require that Congress approve major new federal regulations before they can take effect; and
Whereas, even if enacted, a law may be repealed or waived by a future Congress and President; and
Whereas, an amendment to the United States Constitution does not require the President's approval and cannot be waived by a future Congress and President; now, therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the New Hampshire General Court does hereby urge that the United States Congress vote to propose the Regulation Freedom amendment to the United States Constitution as follows:
"Whenever one quarter of the members of the United States House of Representatives or the United States Senate transmits to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House of Representatives and the Senate to adopt that regulation."
That copies of this resolution be transmitted by the house clerk to each member of Congress, and the speaker of the house of representatives, and the president of the senate of every state legislature in the United States.