Florida Senate - 2011 SCR 1558 By Senator Benacquisto 27-00502A-11 20111558__ 1 Senate Concurrent Resolution 2 A concurrent resolution calling for the Congress of 3 the United States to call a convention pursuant to 4 Article V of the United States Constitution to propose 5 a constitutional amendment permitting repeal of any 6 federal law or regulation by vote of two-thirds of the 7 state legislatures. 8 9 WHEREAS, Article I of the United States Constitution begins 10 “All legislative powers herein granted shall be vested in a 11 Congress,” and 12 WHEREAS, the Congress has exceeded the legislative powers 13 granted in the Constitution thereby encroaching on the powers 14 that are “reserved to the states respectively, or to the people” 15 as the Tenth Amendment affirms and the rights “retained by the 16 people” to which the Ninth Amendment refers, and 17 WHEREAS, this encroachment includes the accumulation of 18 federal debt, which combined with interest represents a future 19 tax, and is of such great proportion that responsibility for its 20 payment will be passed to future, unborn generations of 21 Americans to assume without their consent, thereby disparaging 22 their rights, and 23 WHEREAS, this encroachment also includes compelling state 24 and local governments to comply with federal laws and 25 regulations without accompanying funding for such mandates, and 26 WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in 27 reference to Article V of the Constitution and the calling of a 28 convention for the purpose of proposing amendments that, “We may 29 safely rely on the disposition of the State legislatures to 30 erect barriers against the encroachments of the national 31 authority,” and 32 WHEREAS, the Constitution should be amended in order to 33 halt federal encroachment and restore a proper balance between 34 the powers of Congress and those of the several states, and to 35 prevent the denial or disparagement of the rights retained by 36 the people, NOW, THEREFORE, 37 38 Be It Resolved by the Senate of the State of Florida, the House 39 of Representatives Concurring: 40 41 That the State of Florida hereby applies and makes 42 application to the Congress of the United States to call a 43 convention pursuant to Article V of the United States 44 Constitution for the limited purpose of proposing a 45 constitutional amendment that permits the repeal of any federal 46 law or regulation by vote of two-thirds of the state 47 legislatures, and the Florida delegation to such convention, 48 when called, shall propose the following amendment: “Any 49 provision of law or regulation of the United States may be 50 repealed by the several states, and such repeal shall be 51 effective when the legislatures of two-thirds of the several 52 states approve resolutions for this purpose that particularly 53 describe the same provision or provisions of law or regulation 54 to be repealed,” and 55 BE IT FURTHER RESOLVED that this resolution is revoked and 56 withdrawn, nullified, and superseded to the same effect as if it 57 had never been passed, and retroactive to the date of passage, 58 if it is used for the purpose of calling a convention or used in 59 support of conducting a convention to amend the Constitution of 60 the United States for any purpose other than consideration of 61 the amendment proposed in this resolution, and 62 BE IT FURTHER RESOLVED that the State of Florida reserves 63 its right to add future amendments as the Legislature deems 64 warranted to this application, and 65 BE IT FURTHER RESOLVED that delegates to such convention, 66 when called, be selected according to procedures established by 67 the legislatures of the several states, and 68 BE IT FURTHER RESOLVED that certified copies of the 69 foregoing resolution be immediately forwarded by the Secretary 70 of State of the State of Florida, under the great seal, to the 71 President of the United States, the Secretary of State of the 72 United States, the President of the Senate of the United States, 73 the Speaker of the House of Representatives of the United 74 States, and the Administrator of General Services of the United 75 States, and to each member of the Florida delegation to the 76 United States Congress so that they may be apprised of the sense 77 of the Florida Legislature in this matter.