| 1 | House Memorial |
| 2 | A memorial to the Congress of the United States, urging |
| 3 | Congress to honor the provisions of the Constitution of |
| 4 | the United States limiting the scope and exercise of |
| 5 | federal power to regulate commerce. |
| 6 |
|
| 7 | WHEREAS, the Tenth Amendment to the Constitution of the |
| 8 | United States proclaims: "The powers not delegated to the United |
| 9 | States by the Constitution, nor prohibited by it to the States, |
| 10 | are reserved to the States respectively, or to the people.", and |
| 11 | WHEREAS, the Ninth Amendment to the Constitution of the |
| 12 | United States declares: "The enumeration in the Constitution, of |
| 13 | certain rights, shall not be construed to deny or disparage |
| 14 | others retained by the people.", and |
| 15 | WHEREAS, pursuant to Article I, Section 8, of the |
| 16 | Constitution of the United States, Congress has the power to |
| 17 | regulate commerce among the several states, and |
| 18 | WHEREAS, during the United States Constitutional Convention |
| 19 | of 1787, the Founders rejected a plan that would have authorized |
| 20 | the Federal Government to regulate not only commerce among the |
| 21 | several states, but also any activity having spillover effects |
| 22 | across state lines, and |
| 23 | WHEREAS, the power to regulate intrastate commerce, and to |
| 24 | determine penalties relating to violations of intrastate |
| 25 | commerce law, is reserved to the states or the people under the |
| 26 | Ninth and Tenth Amendments to the Constitution of the United |
| 27 | States, and |
| 28 | WHEREAS, all goods grown, manufactured, or made in Florida |
| 29 | and all services performed in Florida, when such goods or |
| 30 | services are sold, maintained, or retained in Florida, are not |
| 31 | subject to the authority of the Congress of the United States |
| 32 | under its constitutional power to regulate commerce among the |
| 33 | several states, NOW, THEREFORE, |
| 34 |
|
| 35 | Be It Resolved by the Legislature of the State of Florida: |
| 36 |
|
| 37 | That the Legislature claims sovereignty under the Ninth and |
| 38 | Tenth Amendments to the Constitution of the United States over |
| 39 | all powers not otherwise enumerated and granted to the Federal |
| 40 | Government by the Constitution of the United States. |
| 41 | BE IT FURTHER RESOLVED that this memorial serves as a |
| 42 | notice and demand to the Federal Government that all goods |
| 43 | grown, manufactured, or made in Florida and all services |
| 44 | performed in Florida, when such goods or services are sold, |
| 45 | maintained, or retained in Florida, shall not be subject to the |
| 46 | authority of the Congress of the United States under its |
| 47 | constitutional power to regulate commerce. |
| 48 | BE IT FURTHER RESOLVED that copies of this memorial be |
| 49 | dispatched to the President of the United States, to the |
| 50 | President of the United States Senate, to the Speaker of the |
| 51 | United States House of Representatives, and to each member of |
| 52 | the Florida delegation to the United States Congress. |