Florida reacts to Federal overreach, joins 10th Amendment reserved rights effort

On July 1, 2009, Central Florida Representative Scott Plakon (R-37th Dist.) introduced a House memorial addressed to the United States Congress asserting Florida’s sovereignty over matters not expressly granted to the federal government by the Constitution of the United States. The proposed legislative declaration of state rights has already garnered 33 co-sponsors.
The effort to take a stand against the federal encroachment into governmental affairs traditionally managed by the states is rooted on the 10th Amendment to the Constitution, which states:
“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.”
While the scope of federal jurisdiction over many subjects, especially in the category of social programs, has been a source of friction throughout the nation’s history, the rapid pace, broad reach and huge cost of recent federal executive and legislative actions, has heightened the concern among state and local officials. As a consequence, resolutions and memorials such as the one proposed by Representative Plakon have been introduced in legislatures all across the nation. In fact, Florida is the 36th state to have one such measure under consideration. Currently, six states have already passed such a resolution. The latest was Alaska. Its resolution was signed by Governor Sarah Palin a few days ago.
The memorial pending before the Florida House of Representatives states in part:

“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,
. . .
“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.”

Already, the efforts by a number of states to push back against federal impositions are being ridiculed by Administration supporters, including many in the press, as the ranting of a fringe group. It is being lumped together with that of those who ask for evidence of President Obama’s natural-born citizenship, or those who organized the Tea Parties, who have been sought to be marginalized and labeled as ‘birthers’ and ‘tea baggers.’ However, no amount of propaganda can avoid having to face the question presented: What is the constitutional basis for the federal government’s arrogation of the role of master of everyone’s life?
 

(Above right: Representative Scott Plakon)

For additional inforrmation:
Text of memorial
Tenth Amendment Center website