tonesforjonesbones
02-09-2009, 10:47 PM
STATE OF FLORIDA
2009 Session of the Legislature
Proposed HOUSE JOINT RESOLUTION
A Joint Resolution claiming authority under the Tenth Amendment to the Constitution of the United
States over certain powers; serving notice to the federal government to cease and desist certain
mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.
WHEREAS, the Tenth Amendment to 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 Tenth Amendment means that the federal government was
created by the states specifically to be an agent of the states; and
WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, many federal laws are directly in violation of the Tenth Amendment to 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 usurp; and
WHEREAS, Article IV, Section 4 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 ruled 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 from the present
administration and from Congress may further violate the Constitution of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF
THE 2009 SESSION OF THE FLORIDA LEGISLATURE:
THAT the State and the people of Florida hereby claim authority 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.
THAT this resolution serves 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.
THAT all compulsory federal legislation which 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.
THAT a copy of this resolution be distributed to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the
President of the Senate of each state's legislature of the United States of America, and each member of the
Florida Congressional Delegation.
----- - - - - ----- - - - - -----
The above resolution proposed for the State of Florida has been adapted from the Joint Resolution
(HJR1089) approved by vote of 92-3 in the the Oklahoma House of Representatives in 2008. The 2009
version of that resolution may be viewed at http://webserver1.lsb.state.ok.us/2009%2D10bills/hb/hjr1003%5Fint.rtf
PETITION: I, _______________________, a citizen or resident of the State of Florida, residing at
__________________________________________________ _______________, do
hereby petition my State Legislators in Florida to introduce this resolution into both legislative houses
for consideration in the 2009 legislative session. Signed:___________________Date:______
2009 Session of the Legislature
Proposed HOUSE JOINT RESOLUTION
A Joint Resolution claiming authority under the Tenth Amendment to the Constitution of the United
States over certain powers; serving notice to the federal government to cease and desist certain
mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.
WHEREAS, the Tenth Amendment to 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 Tenth Amendment means that the federal government was
created by the states specifically to be an agent of the states; and
WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, many federal laws are directly in violation of the Tenth Amendment to 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 usurp; and
WHEREAS, Article IV, Section 4 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 ruled 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 from the present
administration and from Congress may further violate the Constitution of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF
THE 2009 SESSION OF THE FLORIDA LEGISLATURE:
THAT the State and the people of Florida hereby claim authority 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.
THAT this resolution serves 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.
THAT all compulsory federal legislation which 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.
THAT a copy of this resolution be distributed to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the
President of the Senate of each state's legislature of the United States of America, and each member of the
Florida Congressional Delegation.
----- - - - - ----- - - - - -----
The above resolution proposed for the State of Florida has been adapted from the Joint Resolution
(HJR1089) approved by vote of 92-3 in the the Oklahoma House of Representatives in 2008. The 2009
version of that resolution may be viewed at http://webserver1.lsb.state.ok.us/2009%2D10bills/hb/hjr1003%5Fint.rtf
PETITION: I, _______________________, a citizen or resident of the State of Florida, residing at
__________________________________________________ _______________, do
hereby petition my State Legislators in Florida to introduce this resolution into both legislative houses
for consideration in the 2009 legislative session. Signed:___________________Date:______