by Michael Boldin
Eustis, Florida â€“ State Senator Carey Baker (R-Eustis) has introduced a memorial in the Florida Senate reaffirming the principles of the 10th Amendment to the U.S. Constitution.
The memorial, awaiting an official Senate number, urges “Congress to honor the provisions of the Constitution of the United States and United States Supreme Court case law which limit the scope and exercise of federal power.”
“Now more than ever, state governments must exercise their Constitutional right to say no to the expansion of the federal governmentâ€™s reckless deficit spending and abuse of power,â€ Senator Baker said. â€œWith this resolution, our Legislature can send a message to Washington that our stateâ€™s rights must be respected.”
Baker spoke at July 4th weekend Tea Parties in Gainesville and Orlando, where he announced his sponsorship of the resolution that affirms the 10th Amendmentâ€™s provision that rights not expressly given to the federal government in the Constitution are “reserved to the States respectively, or to the people.”
Similar state sovereignty resolutions have been introduced in thirty-six other state legislatures across America. So far, seven states have had both houses of their legislature approve a sovereignty resolution, while three states have rejected them.Â Two Governors, Palin of Alaska and Bredesen of Tennessee, have signed state sovereignty resolution.
Florida Groups Supporting State Sovereignty:
- The Tampa 9-12 Project
- Bay Patriots, Inc.
- Daytona Beach 9-12 Project
- Sovereignty Action Committee
- (contact us to have yours listed)
Read the full text of the memorial below:
WHEREAS, the Tenth Amendment to the Constitution of the United States proclaims: â€œThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,â€ and
WHEREAS, the Tenth Amendment defines the scope of federal power as being that specifically granted by the Constitution of the United States and no more, and
WHEREAS, the limitation of power contained in the Tenth Amendment established the foundational principle that the Federal Government was created by the states specifically to be an agent of the states, and yet currently the states are demonstrably treated as agents of the Federal Government, and
WHEREAS, many federal laws are in direct violation of the Tenth Amendment, and
WHEREAS, the Tenth Amendment ensures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the Federal Government may not usurp, and
WHEREAS, Article IV, Section 4 of the Constitution of the United States begins: â€œThe United States shall guarantee to every State in this Union a Republican Form of Government,â€ and the Ninth Amendment to the Constitution of the United States declares: â€œThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,â€ and
WHEREAS, the United States Supreme Court ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress does not have the authority to simply commandeer the statesâ€™ legislative processes by compelling the states to enact and enforce federal regulatory programs, and
WHEREAS, a number of proposals from previous administrations and some proposals now pending from the present administration and from Congress may further violate the Constitution of the United States,
NOW THEREFORE, Be It Resolved by the Legislature of the State of Florida: That the Legislature claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the Federal Government by the Constitution of the United States.
BE IT FURTHER RESOLVED that this memorial serves as a notice and a demand to the Federal Government, as our agent, to cease and desist, effective immediately, from issuing mandates that are beyond the scope of these constitutionally delegated powers.
BE IT FURTHER RESOLVED that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.
BE IT FURTHER RESOLVED that copies of this memorial be dispatched to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, to the presiding officers of each state legislature of the United States of America, and to each member of the Florida delegation to the United States Congress.