Posted by thomj76 on 11/04/09 5:25 PM Last updated 11/04/09 5:27 PM [Older: Potential Wording for Florida House Memorial 19]

HM 19                                                                                                                                                                                                            2010
House Memorial

We, the Florida State Legislature, acting as Memorialists on behalf of our fellow Sovereign Floridians, first want to commend our fellow several States, who have introduced and passed Resolutions and Memorials based squarely upon the Ninth and Tenth Amendments of the United States Constitution, which are particular to the thoughts, words, and actions of our American Founding Fathers; the tenor of such being Providence to their Posterity before the United States of America. In so much as this Memorial is a practical and direct memorandum and outline upon the subject of American Sovereignty, the terms of this Constitutional Remonstrance must be resolutely presented and correctly clarified for Posterities' sake.

The United States of America was founded on the principle of sovereign people within sovereign states and a limited federal government. It is with a firm reliance upon the principles founded by ‘We, the People', and with an earnest adherence to the Florida and the American Constitution, that Florida House Memorial 19 is brought forth. The Legislature of the State of Florida is compelled to echo the call for a Committee of Correspondence between the several States in regard to this vital and often neglected Constitutional Matter, for the reaffirmation of the ‘guarantee of a Republican form of government to every state within this Union'.

Whether or not the several States have affirmatively asserted their reserved sovereign rights through action, resolution, or memorial, the incontrovertible fact remains that these unenumerated rights, retained by the People or the States respectively, are not to be denied or disparaged. The full scope of the Tenth Amendment in regard to Sovereign Rights must be necessarily and properly introduced with what precedes it, in the form of the Ninth Amendment of the United States Constitution. The very language of this critical subject is evolving, and it is with earnest obedience to our Constitutional and Civic Duty in our capacity as public servants, that this Memorial and Constitutional Remonstrance is entered into the Floridian and American Public Record.

WHEREAS, The Ninth Amendment to the Constitution of the United States reads as follows:

'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'; and

WHEREAS, The Tenth Amendment of the Constitution of the United States reads as follows:

‘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 Ninth Amendment was ratified to work alongside and to properly precede the Tenth Amendment to preserve the Constitution's restrictions on federal power; and

WHEREAS, The scope of power defined by the Ninth and Tenth Amendment clarifies that the People within pre-existing States created the federal government to be their agent for certain enumerated purposes only. The role of the several States in America, remains today, as agents of its Citizenry, bound by their own Constitution, to be in agreement with, and pursuant to the United States Constitution; and

WHEREAS, The Tenth Amendment defines the total scope of federal power as being that which has been expressly delegated by the people to the federal government, and that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States and no more; and

WHEREAS, Today, the federal government has exercised, and continues to exercise powers far beyond those delegated to it by the People; and

WHEREAS, Numerous federal laws and spending programs are directly in violation of the Ninth and Tenth Amendment of the Constitution of the United States; and

WHEREAS, The Tenth Amendment assures that, We the People of the United States, and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not rightfully usurp; and

WHEREAS, Section 4, Article IV, of the Constitution begins, "The United States shall guarantee to every State in this Union a Republican Form of Government"; and

WHEREAS, The United States Supreme Court has clarified as good law in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, it is the inherent constitutional responsibility of the States and Federal Government to fully protect and maintain the Sovereign Rights of its citizens, the fact remains that numerous proposals from previous administrations and some now pending within the present administration and Congress, may further violate the Constitution of the United States; now, therefore, be it

RESOLVED, That the Legislature of the State of Florida hereby claims sovereignty, for the People and the great State of Florida, under the Ninth and Tenth Amendment of 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; and, be it further

RESOLVED, That the vital nature of this matter compels the creation of a United States Constitutional White Paper Committee of Correspondence by the State of Florida and its Citizenry to review the historical nature of the existence of the several States and the federal government in regard to the Ninth and Tenth Amendments of the Constitution of the United States. All historical and future findings should be diligently documented and brought forth in the creation of a Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject. This Committee shall, in a earnest and timely fashion, correspond and conference with the several States and Areas of the American Union; and, be it further

RESOLVED, That this Memorial serve as notice and demand to the federal government, as the agent of the People, to cease and desist, effective immediately, mandates that are beyond the scope of the aforementioned constitutional delegation of powers; and, be it further

RESOLVED, That all compulsory ultra-constitutional federal legislation that directs states to comply under threat of civil, criminal penalties, or sanctions, or that requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it further

RESOLVED, That the Florida secretary of state forward official copies of this memorial to the President of the United States, to the Speaker of the House of Representatives, the President of the Senate of the United States Congress, all the members of the Florida delegation and their fellow delegates in Congress, with that Florida House Memorial 19 be officially entered in the Congressional Record as a factual and accurate testament to the Congress of the United States of America upon the Nature of Proper Constitutional Action, and the basic steps that can be taken to fulfill and guarantee the earnest constitutional duties of the lawfully ordained institution of government.