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Resolution 732-1989 Commissioner Mike Puto ,"' co N (, co c::t: "'"". C ~ I ,.' " c...:> ,.. ~ ....., l.A... -l ~ - U,,_ 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. ") 0 l.- L: 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. \ \ "- ,"" "~ By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ------.' d:~ (SEAL) Attes t : DANNX 4 KOLHAGE, p~k ::::t!aED AS TO FORM AND1/~Y. BY l Attorney'. OH~e