Florida's "Sovereignty of the State" Proposed Amendment

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Posted By Andrew Nappi, Florida TAC Coordinator

House HM19 / Senate SM 96: The 10th Amendment to the United States Constitution (sometimes known as the State’s Rights Amendment), 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.”

HM19 serves as a notice and a demand by the people of the state of Florida as expressed through their legislature to the Federal Government to cease and desist from going beyond the scope of and issuing mandates beyond it’s constitutionally delegated powers. It also reasserts Florida’s sovereignty under the 10th Amendment to the Constitution of the United States.

The just closed session of the Florida Legislature struck a resounding blow for state sovereignty with the passage of the Florida Health Care Freedom Act. ( You can read the text <a href="http://here

The challenge to all of us now is to work to make sure when this initiative appears on the ballot, 60% of the voters approve it. http://www.liberty4florida.com/ has been created for this purpose of informing and winning voters over to this important liberty amendment.

HM19, Florida’s sovereignty resolution, did not make it to the floor this session. As a memorial, HM19 would not have the force of law. A stronger bill, HJR 679, the Sovereignty of the State bill, which would also be an amendment initiative got off to a late start. As you can see from this partial wording, it is much more powerful and will have the full force of law. The complete text can be viewed here

“..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.

As a free and sovereign state, Florida must take a stand against an already overgrown and intrusive federal government. If there is stronger and better wording that can be added to HJR679, the time between now and the next session should be the time to examine this.

If HM19 is to be upgraded from Memorial to have the force of law, now is also the time to review this possibility.

What there is no time for is waiting. The central government, long ago given the false permission to be the arbiter of its own power will certainly not waste its time in more encroachments and intrusions into the affairs of the states. States too must get their houses in order-taking, and sometimes begging for “federal funds” to bailout deficit laden state budgets is not only disengeuous, it neutralizes efforts to regain sovereignty.

It is our opinion here at the Florida Tenth Amendment Center that HJR679 is worthy of support and advancement through the legislative process. For this reason we are encouraging everyone to contact the sponsors and co sponsors of this legislation. Urge them to keep this legislation active and alive. Your own State Senate and House representataion should also be encouraged to sign on as co sponsors of this legislation.

If Florida TAC has this wrong for any reason, we would welcome feedback from any lawmakers who are of a differing opinion. As always, when contacting office holders, respectability and courtesy should be the order of the day. This does not alter the strength of our convictions.

Below you will find the contact informatin for HJR 679. Let’s all do our utmost to move Florida in the direction of liberty.

SJR 1240 – Sovereignty of the State [SPSC]
JOINT RESOLUTION by Wise Contact Information ( http://www.flsenate.gov/Legislators/index.cfm?)

(CO-SPONSORS) Oelrich – Contact Information: Contact information: http://www.flsenate.gov/Legislators/index.cfm?
Sovereignty of the State [SPSC]: Proposes an amendment to the State Constitution to assert the sovereignty of the state and refuse to comply with unconstitutional federal mandates.

Effective Date: Not Specified
Last Event: 04/22/10 S Now in Rules on Thursday, April 22, 2010 5:39 PM

HJR 679 – Sovereignty of the State
JOINT RESOLUTION by Carroll – Contact Information: ( http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4331&SessionId=64 )

(CO-SPONSORS) Adkins- Contact Information : ( http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4439&SessionId=64 )
Ambler- Contact Information ( http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4272&SessionId=64
Renuart- Contact Information: ( http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4442&SessionId=64 )
Sovereignty of the State: Proposes creation of s. 28, Art. I of State Constitution to assert sovereignty of state & declare right of people of state to refuse to comply with federal mandates that violate U.S. Constitution.
Effective Date: Not Specified

Last Event: 1st Reading on Tuesday, March 02, 2010 10:50 PM

Andrew Nappi is the State Coordinator for the Florida Tenth Amendment Center. He lives in the Tampa Bay Area with wife Tammy and dogs Emma and Bud Lite.

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