Posted by thomj76 on 05/18/09
Last updated 05/18/09

We, the Republican Executive Committee of Alachua County, in the great Florida State, commend our fellow several States, who have introduced Resolutions 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' Bill of Rights; left as Providence to their Posterity.

Whether or not the States have affirmatively asserted, in resolution or action, their reserved sovereign rights, it remains that these unenumerated rights, retained by the People or the States respectively, are not meant to be denied or disparaged. Discussion 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 enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'

Honored States such as Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Washington have introduced or passed Resolutions to assert their reserved respective rights guaranteed them by the Bill of Rights contained within the United States Constitution.

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 these principles of ‘We, the People', that this resolution is brought forth.

We, the People, are struck with the magnitude of this endeavor. The events of history, the news of the day, the extreme, grave, and serious nature of these times compel us to now demand, for our Posterity's sake, a strong measure of action be taken to reaffirm the sovereignty of the state of Florida on behalf of all Floridians. These times require earnest, honorable, and valiant action on behalf of our Esteemed Legislature.

Using the resolution brought forth by the great State of Texas as a template from which to begin, the undersigned Republican Executive Committee of Alachua County, in the great Florida State, offer the following:

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 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, 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 Ninth Amendment was ratified to work alongside 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, Today, in 2009, 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 of America 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 says, "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, A number of 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 this serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or 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 vital nature of this matter compels the creation of a committee 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 United States Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject; and, be it further

RESOLVED, That the Florida secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Florida delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a testament to the Congress of the United States of America upon the Nature of proper Constitutional Action.

Posted 05/18/09 thomj76 Newberry, FL

This matter will necessarily evolve as these Sovereignty Resolutions come out from different States. One concept that has arisen is that the State Comptroller, a constitutionally appointed officer in charge of financial and accounting reporting within the state, and could very easily be directed to manage (or whatever the exact legal phrase would be) the series of escrow accounts holding federal money awaiting transmission to the federal government on an annual basis. What are your ideas?

Posted 05/19/09 jasonkozdra Vero Beach, FL

We should be marching on the Florida capitol demanding that the legislature make the will of Florida citizens known in this matter. This is ridiculous, sitting on our hands, waiting for our lawmakers to affirm the state's sovereignty! It seems as if we are being ignored in this matter. At a REC meeting I recently attended, I asked Rep. Ralph Poppel why the Florida legislature doesn't seem to be even considering the proposal of a state sovereignty resolution. He either didn't know much about the 9th and 10th amendment, or was merely acting as if he didn't.

Posted 05/22/09 thomj76 Newberry, FL

Got this email this morning. http://www.tenthamendmentcenter.com/2009/05/22/its-the-peoples-right / To respond to the above post, I would say that I didn't know about Colorado's 1995 Sovereignty Act until last year. It's not an excuse for Rep. Poppel, however, it is an opportunity. An opportunity to advance the language and to prepare for the court proceedings to come.

Posted by thomj76 on 04/20/09
Last updated 04/21/09

In the capacity of serving the Alachua County Campaign for Liberty, I am compelled to post this revised version of a potential Florida State Sovereignty Resolution.  This version has not been voted upon by the Alachua County Republican Executive Committee, and may not be transmitted to the Florida Legislature until a much later time.  It is imperative that people in Florida and the other several states be made aware of the language as these Resolutions evolve over time.

Thank you for all the good that you have done and for all the good that you will do to help America reclaim its Constitutional Function.  Certainly, other names of States are easily interchangeable below, as we do have a Constitutional guarantee of a Republican form of government throughout the several States.

We, the People, in the great Florida State, commend our fellow Citizens of the several States, who have helped introduced Resolutions based squarely upon the Ninth and Tenth Amendments of the United States Constitution, which are particular to the nature of the thoughts, words, and actions of our American Founding Fathers' Bill of Rights; left as Providence to their Posterity.

Whether or not the American States have directly claimed in Resolution or Action, their reserved Sovereign Rights, the matter remains that these unenumerated rights were not meant to deny, or disparage, those retained by the States respectively, or to the People. Discussion 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 enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'

Honored States such as Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Washington have introduced or passed Resolutions to assert their reserved respective rights guaranteed them by the Bill of Rights contained within the United States Constitution.

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 these principles of ‘We, the People', that this resolution is brought forth.

We, the People, are struck with the magnitude of this endeavor. The events of history, the news of the day, the extreme, grave, and serious nature of these times compel us to now demand, for our Posterities' sake, a strong measure of action be taken to reaffirm the sovereignty of the state of Florida on behalf of all Floridians. These times require earnest, honorable, and valiant action on behalf of our Esteemed Legislature.

Using the resolution brought forth by the great State of Texas as a template from which to begin, the following resolution is offered:

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 Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; 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 its own Constitution, to be in agreement with, and pursuant to the United States Constitution; and

WHEREAS, Today, in 2009, the federal government has exercised, and continues to exercise powers beyond those delegated to it by the People; and

WHEREAS, A number of federal laws 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 of America 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 says, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment states that "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 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, A number of 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 claim 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 this serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or 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 vital nature of this matter compels the creation of a committee 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 Amendment of the Constitution of the United States. All historical and future findings should be diligently documented and brought forth in the creation of a United States Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject; and, be it further

RESOLVED, that the State of Florida, acting as agents of its Citizenry and in good faith with its Constitutional duties and obligations, will collect all federal taxes within Florida State and place these revenues into an escrow account(s) to be remitted in a timely fashion to the American federal government. The transmission of these funds is contingent upon the federal government of the United States acting constitutionally in good faith as the agent of the several States and the American People. The handling of these accounts is within the constitutional duties of the Comptroller of the State of Florida, and therefore, as an established constitutional office requires no further creation of superfluous bureaucracy to oversee and manage aforementioned accounting mechanisms; and, be it further

RESOLVED, That the Florida secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Florida delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a testament to the Congress of the United States of America upon the Nature of proper Constitutional Action within America.

NOTES:

Black's Law Centennial Edition (1891-1991) defines several key words in relation to this Florida State Sovereignty Resolution.

American. Of or pertaining to the United States.

Pertain. To belong or relate to, whether by nature, appointment, or custom.

Nature. A kind, sort, type, order; general character.

United States. This term has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which sovereignty of United States extends, or it may be collective name of the states which are united by and under the Constitution.

A reasonable analysis will conclude that Florida, among the several states, is united by and under the American Constitution, which thereby its nature has certain inalienable guarantees. The Republican form of government within the states being one of those guarantees is always immovable away from the Florida Constitution pursuant to the Constitution of the United States, in the eyes of the Judiciary under its Constitutional Role and Nature.

There exists certain Constitutional protocol that must be followed to redress grievances that Floridians have with the federal government. The Legislatures of the several States are hereby called upon to examine the critical gravity of the present age, in the given light of serious Constitutional and Economic deficiencies that have developed over the course of American History. It is imperative that civil protocol be adhered to in the progression of this resolution and its resulting action. It is with great sincerity that we must move forward in a Constitutional manner.

Interest accrued in the aforementioned escrow account(s) under the accounting of the Florida State Comptroller will be used to fund the Constitutional Committee in the researching, creation and caretaking of the United States Constitutional White Paper, its correspondence with the several States, its fulfilling of its duty charged to it by the State of Florida. Only reasonable compensation shall be given to this committee in its endeavors. It shall serve as an example of what proper American Civic Duty means. Monies collected above and beyond the necessary and proper expenses shall be used in accordance to the Florida Constitution at the discretion of the duly elected Florida Legislature.

Posted by thomj76 on 04/01/09
Last updated 04/21/09

We, the Republican Executive Committee of Alachua County, in the great Florida State, commend our fellow several States, who have introduced Resolutions based squarely upon the Ninth and Tenth Amendments of the United States Constitution, which are particular to the thoughts, words, and actions of our Founding Father's Bill of Rights; left as Providence to their Posterity. Whether or not the States have directly claimed in Resolution or Action, their reserved Sovereign Rights, the matter remains that these unenumerated rights were not meant to deny, or disparage, those retained by the States respectively, or to the People. Discussion 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 enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'

Honored States such as Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Washington have introduced or passed Resolutions to assert their reserved respective rights guaranteed them by the Bill of Rights contained within the United States Constitution.

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 these principles of ‘We, the People', that this resolution is brought forth.

We, the People, are struck with the magnitude of this endeavor. The events of history, the news of the day, the extreme, grave, and serious nature of these times compel us to now demand, for our Posterity's sake, a strong measure of action be taken to reaffirm the sovereignty of the state of Florida on behalf of all Floridians. These times require earnest, honorable, and valiant action on behalf of our Esteemed Legislature.

Using the resolution brought forth by the great State of Texas as a template from which to begin, the undersigned Republican Executive Committee of Alachua County, in the great Florida State, offer the following:

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 Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; 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 its own Constitution, to be in agreement with, and pursuant to the United States Constitution; and

WHEREAS, Today, in 2009, the federal government has exercised, and continues to exercise powers beyond those delegated to it by the People; and

WHEREAS, A number of federal laws 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 of America 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 says, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment states that "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 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, A number of 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 claim 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 this serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or 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 vital nature of this matter compels the creation of a committee 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 Amendment of the Constitution of the United States. All historical and future findings should be diligently documented and brought forth in the creation of a United States Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject; and, be it further

RESOLVED, That the Florida secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Florida delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a testament to the Congress of the United States of America upon the Nature of proper Constitutional Action.

Posted 04/01/09 thomj76 Newberry, FL

http://www.patriotpost.us/opinion/walter-e-williams/2009/03/25/states-rebellion- pending.html Very interesting article in regard to Colorado's 1995 attempt to assert Sovereignty.

Posted by thomj76 on 11/04/09
Last updated 11/04/09

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.

Posted by thomj76 on 09/09/09
Last updated 09/09/09

HM 19            
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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.  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.  Discussion 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 enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'

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".  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 is entered into the Floridian and American Public Record, for Posterity's sake. 

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 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, 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 Ninth Amendment was ratified to work alongside 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, Today, in 2010, 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, A number of 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 this 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 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 United States Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject.  This Committee shall, in a timely fashion, correspond with all other States and Areas of the American Union; and, be it further

RESOLVED, that the State of Florida, acting as agents of its Citizenry and in good faith with its Constitutional duties and obligations, will collect all federal taxes within the State and place these revenues into a series of escrow accounts to be made ready to remit in a timely fashion to the federal government.  The remittance of these funds is naturally contingent upon the federal government acting constitutionally, in good faith, as the agent of the American People and the United States.  The authority for the supervision of these accounts is to be found within the constitutional duties of the Comptroller of the State of Florida.  Duly apportioned interest shall be collected upon these federal taxes while being made ready for its constitutionally guaranteed remittance; and, be it further

RESOLVED, that future State and Federal government financial and taxation options be thoroughly researched and reported to the Citizenry of Florida as soon as possible.  A clear, accurate, and concise account of mechanics of the various ideas shall be presented to the Florida Legislature, whereby they shall be corresponded to the Citizenry of the United States through their State Legislatures, with the earnest desire and hope, that this will serve as a catalyst and means to advance and carry the knowledge and discussion of proper constitutional taxation and financial methods pursuant to American Sovereignty; and be it further

RESOLVED, To fund these two authorized projects, the interest from the above escrow accounts shall be used to fund the reasonable and proper expenses for the creation and funding of the aforementioned United States Constitutional White Paper Committee of Correspondence and the research and reporting necessary on the best constitutional options for fair and uniform taxation with full representation.  Interest collected beyond those expenses shall be directly apportioned back to the counties from which these federal taxes were originally collected.  It should be noted that this indeed could serve as a permanent revenue stream for the counties within Florida.  May this serve well as a good example for America in what the proper and necessary institution of government entails; 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 steps that can be taken to provide and promote the earnest commissioned duties of the ordained institution of government, and the continual tending of this 'more perfect union'.

Posted 09/10/09 ExposeWTC7 St. Paul, MN

Awesome! Time to put the Fed's in check.