Bill Text: FL H0577 | 2011 | Regular Session | Introduced

Bill Title: Scope and Exercise/Federal Power/Regulate Commerce

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0577 Detail]

Download: Florida-2011-H0577-Introduced.html
HM 577

House Memorial
2A memorial to the Congress of the United States, urging
3Congress to honor the provisions of the Constitution of
4the United States limiting the scope and exercise of
5federal power to regulate commerce.
7     WHEREAS, the Tenth Amendment to the Constitution of the
8United States proclaims: "The powers not delegated to the United
9States by the Constitution, nor prohibited by it to the States,
10are reserved to the States respectively, or to the people.", and
11     WHEREAS, the Ninth Amendment to the Constitution of the
12United States declares: "The enumeration in the Constitution, of
13certain rights, shall not be construed to deny or disparage
14others retained by the people.", and
15     WHEREAS, pursuant to Article I, Section 8, of the
16Constitution of the United States, Congress has the power to
17regulate commerce among the several states, and
18     WHEREAS, during the United States Constitutional Convention
19of 1787, the Founders rejected a plan that would have authorized
20the Federal Government to regulate not only commerce among the
21several states, but also any activity having spillover effects
22across state lines, and
23     WHEREAS, the power to regulate intrastate commerce, and to
24determine penalties relating to violations of intrastate
25commerce law, is reserved to the states or the people under the
26Ninth and Tenth Amendments to the Constitution of the United
27States, and
28     WHEREAS, all goods grown, manufactured, or made in Florida
29and all services performed in Florida, when such goods or
30services are sold, maintained, or retained in Florida, are not
31subject to the authority of the Congress of the United States
32under its constitutional power to regulate commerce among the
33several states, NOW, THEREFORE,
35Be It Resolved by the Legislature of the State of Florida:
37     That the Legislature claims sovereignty under the Ninth and
38Tenth Amendments to the Constitution of the United States over
39all powers not otherwise enumerated and granted to the Federal
40Government by the Constitution of the United States.
41     BE IT FURTHER RESOLVED that this memorial serves as a
42notice and demand to the Federal Government that all goods
43grown, manufactured, or made in Florida and all services
44performed in Florida, when such goods or services are sold,
45maintained, or retained in Florida, shall not be subject to the
46authority of the Congress of the United States under its
47constitutional power to regulate commerce.
48     BE IT FURTHER RESOLVED that copies of this memorial be
49dispatched to the President of the United States, to the
50President of the United States Senate, to the Speaker of the
51United States House of Representatives, and to each member of
52the Florida delegation to the United States Congress.

CODING: Words stricken are deletions; words underlined are additions.