On the heels of a successful state-level resistance to the 2005 Real ID Act, activists and state legislators alike are focusing their efforts on state governments as a way to resist new federal programs.

The latest? Health Care.

In response to what some opponents see as a Congress that doesn’t represent their interests, State Legislators are looking to the nearly-forgotten American political tradition of nullification as a way to reject any potential national health care program that may be coming from Washington.

The most recent effort comes from Florida State Senator Carey Baker and State Representative Scott Plakon, who this week filed a proposed State Constitutional Amendment (HJR37) as a means to prevent Floridians from being affected by any Federal Health Care Legislation.  If approved by the legislature, Florida residents could be voting on it as early as 2010.

HJR37 would deny the ability of any new law to impose demands, restrictions or penalties on health care choices on Floridians. Versions of proposed federal health care reform legislation have included insurance coverage mandates, and certain penalties on employers who fail to provide employee health insurance.

It states, in part:

(1) A law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system

(2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

A similar measure, called the Health Care Freedom Act, has already passed in Arizona, and residents of that state will have the opportunity to vote on it in 2010.  Sources close to the Tenth Amendment Center say that more than ten other states may see such proposals introduced in the coming session.

Some say that a federal program would raise serious constitutional concerns.  They cite the Tenth Amendment as limiting the Federal Government to those powers delegated to it by the People in the Constitution.

Nullification

When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

Nullification has a long and interesting history in American politics, and originates in the Virginia and Kentucky Resolutions of 1798. These resolutions, secretly authored by Thomas Jefferson and James Madison, asserted that the people of the states, as sovereign entities, could judge for themselves whether the federal government had overstepped its constitutional bounds – to the point of ignoring federal laws.

Virginia and Kentucky passed the resolutions in response to the federal Alien and Sedition Acts, which provided, in part, for the prosecution of anyone who criticized Congress or the President of the United States.

Nullification was regularly called upon by states all over the country in response to everything from higher taxes to the fugitive slave law of 1850.

Real ID as the Blueprint?

Supporters of modern nullification efforts look to the successful rebellion by states against the Bush-era Real ID Act.

In early 2007, Maine and then Utah passed resolutions refusing to implement the federal Real ID act on grounds that the law was unconstitutional.  Well-over a dozen other states followed suit in passing legislation opposing Real ID.

Instead of attempting to force the law to implementation, the federal government delayed implementation not once, but twice. And in June of this year, the Obama administration, recognizing the insurmountable task of enforcing a law in the face of such broad resistance, announced that it was looking to “repeal and replace” the controversial law.

Supporters see this as a blueprint to resist various federal laws that they see as outside the scope of the Constitution.  Some say that each successful state-level resistance to federal programs will only embolden others to try the same – resulting in an eventual shift of power from the federal government to the States and the People themselves.

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Eustis, Florida – 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 government’s reckless deficit spending and abuse of power,” Senator Baker said. “With this resolution, our Legislature can send a message to Washington that our state’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 Amendment’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.  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: “The 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,” 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: “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States declares: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,” 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 states’ 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.

The bill is sponsored by Florida State Reps O’Toole and Plakon.  They follow in the path of Montana, and Tennessee who have already passed such legislation.  And they join with Utah, Texas, South Carolina and others who are considering it in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:

“the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition”

Read the full text of the legislation below:

A bill to be entitled An act relating to regulation of firearms; creating s. 790.34, F.S.; creating the Florida Firearms Freedom Act; providing a short title; providing legislative findings; providing definitions; providing that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation; providing that the importation into the state of specified parts and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation; providing that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; providing that specified firearm accessories imported into the state from another state do not subject a firearm to federal regulation under interstate commerce; providing legislative findings with respect thereto; providing exceptions; providing applicability; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture by a specified date; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 790.34, Florida Statutes, is created to read:

790.34 Florida Firearms Freedom Act.–
(1) SHORT TITLE.–This section may be cited as the “Florida Firearms Freedom Act.”

(2) LEGISLATIVE FINDINGS.–

(a) The Tenth Amendment to the United States Constitution guarantees to the states and their citizens all powers not granted to the Federal Government elsewhere in the constitution and reserves to the State of Florida and its citizens certain powers as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(b) The regulation of intrastate commerce by the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the State of Florida and its citizens certain rights as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845. 52

(c) The regulation of intrastate commerce is vested in the states under the Ninth Amendment and the Tenth Amendment to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the intrastate manufacture of firearms, firearm accessories, and ammunition.

(d) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Florida was admitted to statehood in 1845. The guaranty of that right is a matter of contract between the State of Florida and its citizens and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(e) Section 8, Article I of the Florida Constitution clearly secures to the citizens of Florida, and prohibits government interference with, the right of individual Florida citizens to keep and bear arms. This constitutional protection remains unchanged from the original Florida Constitution, which was approved by Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(3) DEFINITIONS.–As used in this section:

(a) “Basic materials” means raw materials, including, but not limited to, unmachined steel and unshaped wood, used in the creation and manufacture of firearms, firearm accessories, or ammunition that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.

(b) “Borders of Florida” means the boundaries of Florida as described in s. 1, Art. II of the Florida Constitution.

(c) “Firearm accessories” means items that are used in conjunction with or mounted on a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speed-loaders, ammunition carriers, and lights for target illumination.

(d) “Generic and insignificant parts” includes, but is not limited to, springs, screws, nuts, and pins that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.

(e) “Manufactured” means the creation of a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or any other processes used to form materials used in the creation of firearms, firearm accessories, or ammunition.

(4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.

(a)1. It is the finding of the Legislature that a firearm, firearm accessory, or ammunition for personal use that is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state and that remains within the borders of Florida is not considered to have traveled in interstate commerce.

2. A firearm, firearm accessory, or ammunition that:
a. Is for personal use;
b. Is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state;
c. With respect to a firearm, has the words “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame; and
d. Remains within the borders of Florida is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

(b)1. It is the finding of the Legislature that generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.

2. The importation into the state of generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition, and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state, does not subject the firearm, firearm accessory, or ammunition to federal regulation.

(c)1. It is the finding of the Legislature that basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.

2. Basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not subject to congressional authority to regulate firearms, firearm accessories, or ammunition under interstate commerce as if such basic materials were actually firearms, firearm accessories, or ammunition.

3. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearm accessories, and ammunition manufactured in the state from basic materials and that remain within the state.

(d) Firearm accessories that are imported into the state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce by virtue of being attached to or used in conjunction with a firearm in Florida.

(5) EXCEPTIONS.–This section does not apply to:

(a) A firearm that cannot be carried and used by one person.
(b) A firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, rather than black powder, as a propellant.
(c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
(d) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

(6) APPLICABILITY.–This section applies to firearms, firearm accessories, and ammunition described in subparagraph

(4)(a)2. that are manufactured in Florida after October 1, 2010, and remain within the state.

(7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF MANUFACTURE REQUIRED.–Effective October 1, 2010, a firearm manufactured and sold in this state must have the indicia “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame.

Section 2. This act shall take effect October 1, 2010.

The goal of the memorial is to serve “as a notice and a demand to the Federal Government…to cease and desist, effective immediately, from issuing mandates that are beyond the scope of [their] constitutionally delegated powers.”

Florida is now the 37th state where such a resolution has been introduced.  So far, seven states have had both houses of their legislature approve a sovereignty resolution, while three states have rejected them.

See a full list of state resolutions here.

Florida Groups Supporting State Sovereignty:

• The Tampa 9-12 Project
• Bay Patriots, Inc.

Read the full text of the memorial below:

WHEREAS, the Tenth Amendment to the Constitution of the United States proclaims: “The 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,” 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: “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States declares: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,” 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 states’ 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.