Bill Text: FL S1240 | 2010 | Regular Session | Introduced

Bill Title: Sovereignty of the State [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Rules [S1240 Detail]

Download: Florida-2010-S1240-Introduced.html
Florida Senate - 2010                                   SJR 1240 
By Senator Wise 
5-00637A-10                                           20101240__ 
1                       Senate Joint Resolution 
2         A joint resolution proposing the creation of Section 
3         28 of Article I of the State Constitution, to assert 
4         the sovereignty of the state and refuse to comply with 
5         unconstitutional federal mandates. 
7  Be It Resolved by the Legislature of the State of Florida: 
9         That the following creation of Section 28 of Article I of 
10  the State Constitution is agreed to and shall be submitted to 
11  the electors of this state for approval or rejection at the next 
12  general election or at an earlier special election specifically 
13  authorized by law for that purpose: 
14                              ARTICLE I 
15                        DECLARATION OF RIGHTS 
16         SECTION 28. Sovereignty of the state; refusal to comply 
17  with unconstitutional federal mandates.— 
18         (a) The people of this state assert their residual and 
19  inviolable sovereignty under the Tenth Amendment to the 
20  Constitution of the United States over all powers not otherwise 
21  enumerated and granted to the Federal Government by that 
22  Constitution. 
23         (b) The people of this state also refuse to comply with 
24  mandates by any branch of the Federal Government which are 
25  beyond the scope of such constitutionally delegated powers, and 
26  demand that the Federal Government cease and desist from issuing 
27  mandates that are beyond the scope of such powers. 
28         (c) The people of this state further refuse to recognize or 
29  comply with any compulsory federal legislation that directs the 
30  state to comply or requires the state to pass specific 
31  legislation in order not to lose federal funding, and demand 
32  that any such existing legislation be repealed. 
33         BE IT FURTHER RESOLVED that the following statement be 
34  placed on the ballot: 
35                      CONSTITUTIONAL AMENDMENT 
36                        ARTICLE I, SECTION 28 
37         SOVEREIGNTY OF THE STATE.—Proposing an amendment to the 
38  State Constitution to assert the sovereignty of the state and 
39  declare the right of the people of the state to refuse to comply 
40  with federal mandates that violate the Constitution of the 
41  United States.