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approve major new 29 federal regulations before they may take effect, and 30 WHEREAS, even if enacted, the law may be repealed or not 31 enforced by a future Congress or the President of the United 32 States, and 33 WHEREAS, an amendment to the United States Constitution 34 does not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.