1 | House Memorial |
2 | A memorial to the Congress of the United States, |
3 | urging Congress to honor the provisions of the |
4 | Constitution of the United States limiting the scope |
5 | and exercise of federal power to regulate commerce. |
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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 |
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35 | Be It Resolved by the Legislature of the State of Florida: |
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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. |