Florida Senate to Consider State Sovereignty
16. Jul, 2009 
35 Comments
by Michael Boldin
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.
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We’ve been told that it can take up to about 2 weeks for the Florida Senate to assign this an official Senate Memorial, or Senate Resolution #. We’ll be sure to post an update as soon as we have the info.
Look out…here comes another one!
Way to go florida! Welcome to the movement….again….
Ok so when did florida become the leaders of the Constitutional movement? I’m almost amazed at the flurry of activity that’s been coming from that area. great work!
Lot of great things happening in Florida – strong activism really makes a difference!
Wow! This is from Florida? That is great! The wording is this is good.
It should not surprise me. A lot of FL residents are retired folks. There is still wisdom with age. Stand up Floridians! We stand with you!m Lead the way.
Where the heck is Texas? What about it Governor Perry? We should be leading in this race, not following. Show us some backbone and tell Congress how it is!
Fred Fazand
I have spent time in both Florida (where I reside) and Michigan in the last year…the difference is astonishing….Florida TEA parties are all over the state and active. Michigan residents seem to have “given up”…perhaps those are the people who have stayed and “put up” with the GRANHOLM disaster. I did not choose to participate and left my home state Michigan. I am happy that I live in Florida where people are not willing to put up with the takeover of our rights!
Cathie – I’ve been quite happy (and even a little surprise) with the amount of activism and energy in support of the constitution that’s happening in Florida these days. I encourage you to join or start a local group in support of these efforts in your state. Get more info here:
http://grassroots.tenthamendmentcenter.com
Finally!! I have been wondering when our State leaders were going to take the plunge and do something about our states rights! The Federal government is way out of control. If Obama has his way he will be the supreme dictator within this year. When I listened to his campaign speeches I was very aware that everything he said was “I am going to” not Congress or we but “I”. That should have told alot of people what he was really about. He is the most Narcissistic person I have ever seen!
Sharon – he’s even worse than “the decider”
But that’s the nature of federal politics – it’s filled with power and corruption, and those who get in office always increase their power at the expense of our economy and our liberty.
Thomas Jefferson strongly advised us to look to state governments to nullify – or interpose – against federal violations of the constitution.
This seems to be our only hope.
At last !! The peons are beginning to stir !! How are the fed elites reacting to this dangerous challenge to their illegitimate authority? The growing popularity of the tenth amendment state’s rights movement is a loud and clear testiment to the proposition that if our society is to remain free, its government must be bound by the limitations imposed upon it by our Constitution.
I found some nice 10th Amendment shirts at: http://www.cafepress.com/4_Freedom
These Tenth amendment reassertion movements are great, but accomplish little given they are nothing more than lip service. To really make something happen, the states should address their grievances to the Fed gov via Article V Constitutional Convention whereby the illegal power grabs by the Feds over the years can be quashed.
Roy D. – whil you are correct that 10th amendment resolutions are non-binding statements affirming the constitution and sovereignty, they are far from just “lip service”
Think of it this way – if you’re a landlord and you have a tenant that’s not paying rent, you don’t just show up one day with an empty truck and say “hey buddy, you’re out of here – now!”
Nope, you serve written notice that they need to follow the rules first.
That’s how we see these sovereignty resolutions…as written notice to the federal government. In fact, many of them use that verbiage: “This serves as notice and demand to the federal governemnt to cease and desist any and all activities beyond the scope of their constitutionally-delegated powers.”
If a resolution was the end-game, it’s worthless. But, since it’s not for those supporting the long-term process, it’s an important first step.
The next step would be for the State legislatures to take back the power to elect senators. This would go a long way toward stifling costly and unconstitutional mandates on the States.
By the way, stop calling those Obama appointees “czars”. Russia only had one Czar at a time. The correct term for an administrator in a socialist regime is “commissar”.
Michael B,
Perhaps “lip service” was a little over the top. However if the states are unwilling to go beyond their written notice, then that’s all it is. Interesting you mention being a landlord (I happen to own and personally manage 6 properties outside my “regular” job.). I do serve notice when tenants violate the lease agreements and promptly enter into eviction proceedings aka “following through”.
I strongly believe the Feds will simply ignore these tenth amendment assertions as well as ignoring our wonderful founding documents when convenient therefore requiring states to insist on Article V Constitutional Convention as the next step.
Remember that members of Congress are elected by the voters of the States…connect these resolutions with votes and you will see that our representatives in Washington will get the message or be gone. Contact your representatives and let them know how you feel about the 10th Amendment!
It is about time Americans are taking back our country. I hope the Feds get the message. We don’t want anymore of your useless programs, leave us alone. I hope the Keystone State get’s on board with this.
As a Florida Resident I am very happy to hear this. I love the fact that 36 of 50 are getting involved in this.. I wonder what happened in the two that rejected the measure and when the other 14 plan to get on board.. It is too important to let go… One of the big influences in the NE Florida area is the Republican Liberty Caucus.. If you are from Florida Check them out and consider joining.. Also check out Marco Rubio of Senate… 2010 should be a congressional house cleaning party… Balance must be restored and No more RINO’s!!!
wooooooooooooooo hoooooooooooooooooooooooo Florida!!!!!!!!!!
protect our elders also we love them and need them!!!!!
and I was thinking I would have to move bak to Oklahoma and take my parents there for saftey
Way to go Florida!!!!!!!!!!!! truley Golden
When will PA wake up… I feel as if we have been drugged and are finally starting to shake our heads and coming out of it. God I hope we are not to late. In “A Brave New World” the masses were kept at bay with a drug called “Soma” it’s time we realize the Government is the Pharmacist and they need us medicated, say no more…WAKE UP!!!
We need to contact our representatives and get them to support. Additionally, we need to contact our Florida Congressmen and Senators in Washington and see how many endorse this action.
Jim – another thing to consider is this – if the federal politicians don’t support this action (which most of them probably will not), we shouldn’t care. If enough people are on board, it won’t matter what those few hundred people in Washington tell us.
I’d like an update on this story. Has this passed? What’s happened in the last few months on this issue.
I just hope we can keep the momentum going.