Resolution 732-1989
Commissioner Mike Puto
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RESOLUTION NO. 732-1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, URGING THE
E,RESIDENT AND U. S. CONGRESS TO RECOGNIZE AND
AfFIRM THE LANGUAGE AND POWER OF THE TENTH
AMENDMENT WHICH GOVERNS AND BALANCES THE
,,:R:JSPECTIVE POWERS OF THE STATE AND THE
'-YDERAL GOVERNMENT.
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WHEREAS, the Tenth Amendment, part of the original Bill of
Rights, 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 limits on Congress' authority to regulate state
and local activities prescribed by the Tenth Amendment have
recently been the subject of debate by the Supreme Court in the
cases of Garcia v. San Antonio Metropolitan Transit Authority,
469 U.S. 528 (1965), and South Carolina v. Baker, 56 U.S.L.W.
4311 (U.S. April 20, 1988) (No. 94, Original); and
WHEREAS, these cases hold that the limits of the Tenth
Amendment are structural, and not substantive, leaving states and
local governments
to find protection from congressional
regulation through the national political process, rather than
through constitutionally defined spheres of residual state
authority; and
WHEREAS, these U.S. Supreme Court decisions invite further
federal preemption of state and local authority; and
WHEREAS, federal, administrative and judicial interference
has occurred in matters related to personnel, inter-governmental
tax immunity, tax-exemption of municipal bonds, social welfare,
transportation and health; and
WHEREAS, states and municipalities across the nation have
adopted resolutions reaffirming their support for the full
constitutional force of the Tenth Amendment; and
WHEREAS, the National Governor's Association, the Southern
Municipal
Conference,
the
National
Conference
of
State
Legislatures, and the Council of State Governments have supported
the need to retain the balance and separation of powers under the
Constitution; and
WHEREAS, the Council of the State Governments' Intergovern-
mental Partnership Task Force has reconrrnended consideration of
specific constitutional amendments to the Tenth Amendment and
Article V.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows:
Section 1. That the Board does hereby endorse proposals for
a White House conference and congressional hearings on federalism
and does hereby agree to and approves the proposal to amend the
Tenth Amendment and Article V of the U.S. Constitution to allow
the states to initiate federal constitutional amendments by a
vote of three fourths of the state legislatures.
Section 2. That the Board further urges that each county in
Florida consider and take action to strengthen the position of
the states in the federal union by adopting similar resolutions
in support of these issues.
Section 3. That the Clerk of the Board is hereby directed
to forward certified copies of this Resolution to the Monroe
County Delegation urging them to preserve and strengthen the
balance of powers of the states in the federal union and oppose
unwarranted intrusion upon state and local prerogatives.
PASSED AND ADOPTED by the Board of County Conrrnissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the ~AJ.day of ..t/fJ....--b.., , 1989.
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By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Attes t : DANNX 4 KOLHAGE, p~k
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AND1/~Y.
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Attorney'. OH~e