Florida Senate - 2020 SM 1064
By Senator Baxley
12-00704-20 20201064__
1 Senate Memorial
2 A memorial to the Congress of the United States,
3 urging Congress to propose to the states an amendment
4 to the Constitution of the United States, for
5 submission to the several states, which would require
6 that a federal regulation be adopted by a majority
7 vote of both houses of Congress if the proposed
8 federal regulation is opposed by a specified
9 percentage of the membership of either house.
10
11 WHEREAS, the growth and abuse of federal regulatory
12 authority threaten our constitutional liberties, including those
13 guaranteed by the Bill of Rights in the First, Second, Fourth,
14 and Fifth Amendments to the Constitution of the United States,
15 and
16 WHEREAS, federal regulators must be more accountable to the
17 elected representatives of the people, and not immune from such
18 accountability, and
19 WHEREAS, the Declaration of Independence decried the
20 imposition of the central government of “absolute Tyranny over
21 these States” that “erected a multitude of New Offices, and sent
22 hither swarms of Officers to harass our people, and eat out
23 their substance,” and
24 WHEREAS, the states too often find themselves in a similar
25 position today, and
26 WHEREAS, the United States Senate is considering the
27 Regulations from the Executive in Need of Scrutiny (REINS) Act
28 of 2019, S. 92, to require that Congress approve major new
29 federal regulations before they may take effect, and
30 WHEREAS, even if enacted, the law may be repealed or not
31 enforced by a future Congress or the President of the United
32 States, and
33 WHEREAS, an amendment to the United States Constitution
34 does not require the President’s approval and cannot be waived
35 by a future Congress or the President, NOW, THEREFORE,
36
37 Be It Resolved by the Legislature of the State of Florida:
38
39 That the Florida Legislature respectfully petitions the
40 Congress of the United States to propose to the states an
41 amendment to the Constitution of the United States, for
42 submission to the several states for ratification, entitled the
43 “Regulation Freedom Amendment,” as follows:
44
45 “Whenever one-quarter of the Members of the United
46 States House or the United States Senate transmit to
47 the President their written declaration of opposition
48 to a proposed federal regulation, it shall require a
49 majority vote of the House and Senate to adopt that
50 regulation.”
51
52 BE IT FURTHER RESOLVED that the Secretary of State dispatch
53 copies of this memorial to the President of the United States,
54 the President of the United States Senate, the Speaker of the
55 United States House of Representatives, and each member of the
56 Florida delegation to the United States Congress.