Florida Senate - 2010 SM 178
By Senator Lynn
7-00078-10 2010178__
1 Senate Memorial
2 A memorial to the Congress of the United States,
3 urging Congress to cease and desist from certain
4 mandates that are prohibited by the Tenth Amendment to
5 the Constitution of the United States; demanding that
6 certain federal legislation be prohibited or repealed.
7
8 WHEREAS, the Tenth Amendment to the Constitution of the
9 United States provides that the powers not delegated to the
10 Federal Government by the Constitution, nor prohibited by it to
11 the states, are reserved to the states respectively or to the
12 people, and defines the total scope of federal power as being
13 that specifically granted by the Constitution of the United
14 States and no more, and
15 WHEREAS, the scope of power defined by the Tenth Amendment
16 means that the Federal Government was created by the states
17 specifically to be an agent of the states; however, today the
18 states are demonstrably treated as agents of the Federal
19 Government, and
20 WHEREAS, many existing federal laws and proposed laws
21 directly violate the Tenth Amendment, and
22 WHEREAS, the Tenth Amendment ensures that the people and
23 each sovereign state have rights that the Federal Government may
24 not usurp, and
25 WHEREAS, Section 4, Article IV of the United States
26 Constitution provides “[t]he United States shall guarantee to
27 every State in this Union a Republican Form of Government,” and
28 the Ninth Amendment states “[t]he enumeration in the
29 Constitution, of certain rights, shall not be construed to deny
30 or disparage others retained by the people,” and
31 WHEREAS, the United States Supreme Court ruled in New York
32 v. United States, 112 S.Ct. 2408 (1992), that Congress may not
33 simply commandeer the legislative and regulatory processes of
34 the states, NOW, THEREFORE,
35
36 Be It Resolved by the Legislature of the State of Florida:
37
38 That the State of Florida hereby claims sovereignty under
39 the Tenth Amendment to the Constitution of the United States
40 over all powers not otherwise enumerated and granted to the
41 Federal Government by that Constitution; that it further demands
42 the Congress and Federal Government, as its agents, to cease and
43 desist, effective immediately, from issuing mandates that are
44 beyond the scope of these constitutionally delegated powers; and
45 that all compulsory federal legislation directing states to
46 comply under threat of civil or criminal penalties or sanctions
47 or requiring states to pass legislation or lose federal funding
48 be prohibited or repealed.
49 BE IT FURTHER RESOLVED that copies of this memorial be
50 dispatched to the President of the United States, to the
51 President of the United States Senate, to the Speaker of the
52 United States House of Representatives, and to each member of
53 the Florida delegation to the United States Congress.