Topic: 10th Amendment
Florida Is Not Just Fighting Back When it comes to unfunded federal mandates and pushing back against government run health care, they're leading the way. (Well, all but one)by Larry Warrick
(libertarian)
Friday, October 9, 2009
Florida State's Rights Legislation
Updated 10/8/09
When talking about current State legislation, the subject always revolves back to States' rights as assured in the US Constitution, and how the Constitution is generally looked down upon in the hallowed halls of the Federal government. FDR described our constitution as a 'relic of the horse and buggy era'. GW Bush more recently referred to it as a 'damned piece of paper'. Such is the honor of those who have sworn to 'uphold and defend the Constitution of the United States against all enemies, foreign and domestic'. Many States have enacted (or are in the process of enacting) some form of States' rights statement, memorial or law. Whilst there are general (and generally toothless) acts reminding the Federal government of their constitutional limitations under the 9th and 10th amendments, other legislation is more specific, such as the Montana and Tennessee laws asserting the right of the States to regulate firearms commerce within their own borders, drawing BATFE attention and prompting lawsuits.
A map of those States who have enacted or are considering 9th or 10th amendment legislation is here. So what are our leaders in Tallahassee doing to put Florida on this map? Actually, quite a lot.
I have been able to identify 5 major pieces of legislation in the House, some having companion or competing bills in the Florida Senate. A listing of all Florida bills under consideration during the 2010 session may be found here. A more careful examination could reveal more pieces of legislation not so obviously marked.
HM 19 / SM96 / SM178 Memorializes the 9th and 10th Amendments and Article IV Section 4 USC.
Memorial by Workman and Plakon and Hudson and Dorworth and Ray and Glorioso (CO-SPONSORS) Adams; Adkins; Ambler; Anderson; Aubuchon; Burgin; Carroll; Coley; Crisafulli; Culp; Domino; Drake; Eisnaugle; Flores; Ford; Fresen; Frishe; Grady; Grimsley; Hays; Holder; Hooper; Horner; Hukill; Kelly; Kreegel; Legg; Lopez-Cantera; Mayfield; McBurney; Murzin; Nehr; Nelson; O'Toole; Patronis; Patterson; Poppell; Precourt; Proctor; Reagan; Renuart; Rivera; Roberson, K.; Schenck; Snyder; Stargel; Tobia; Van Zant; Weatherford; Weinstein; Williams, T.; Wood; Zapata
Limiting the Scope and Exercise of Federal Power: Urges Congress to honor provisions of U. S. Constitution & U. S. Supreme Court case law which limit scope & exercise of federal power.
Limiting the Scope and Exercise of Federal Power: Urges Congress to honor provisions of U. S. Constitution & U. S. Supreme Court case law which limit scope & exercise of federal power.
Effective Date: Not Specified
Last Event: Now in Economic Development & Community Affairs Policy Council on Thursday, October 01, 2009 11:24 AM
"A memorial to the Congress of the United States, urging Congress to honor the provisions of the Constitution of the United States and United States Supreme Court case law which limit the scope and exercise of federal power."
"BE IT RESOLVED by the Legislature of the State of Florida:"
"That the Legislature claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the Federal Government by the Constitution of the United States."
"BE IT FURTHER RESOLVED that this memorial serves as a notice and a demand to the Federal Government, as our agent, to cease and desist, effective immediately, from issuing mandates that are beyond the scope of these constitutionally delegated powers."
"BE IT FURTHER RESOLVED that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed."
HB 21 / SB98 Firearms Freedom Act. Both bills are identical.
Similar to the contentious bills enacted in Montana and Tennessee, they draw authority from the 10th, 9th and 2nd amendments to the US Constitution and Section 8 Article I of the Florida Constitution.
Section 790.34, Florida Statutes, is created to read:
790.34 Florida Firearms Freedom Act.
"[T]he regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition"
HJR 37 / S72 Creates Section 28, Article X, FSC, relating to healthcare services. Both bills are identical.
Joint Resolution by Plakon and Workman and Ray (CO-SPONSORS) Adams; Adkins; Ambler; Carroll; Coley; Crisafulli; Dorworth; Drake; Eisnaugle; Flores; Ford; Frishe; Hays; Holder; Hooper; Horner; Hudson; Kelly; Kreegel; Mayfield; Nehr; O'Toole; Patronis; Poppell; Precourt; Proctor; Renuart; Snyder; Stargel; Tobia; Van Zant; Wood
These two bills, if passed, will place a Florida Constitutional Amendment on the ballot in 2010:
"Be It Resolved by the Legislature of the State of Florida:"
"That the following creation of Section 28 of Article X of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose".
"SECTION 28. Health care services."
"(a) To preserve the freedom of all residents of the state to provide for their own health care:"
"(1) A law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system."
"(2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health 24 care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services."
In these few words, as written, this bill would effectively nullify many of the provisions of the 800-plus page Federal socialized healthcare legislation currently being considered in the US Congress:
HB 93 Cost and Benefit analysis of legislation
General bill by Crisafulli and Hudson (CO-SPONSORS) Carroll; Dorworth; Eisnaugle; Kelly; McBurney; Murzin; Plakon; Precourt; Weatherford; Workman
"Section 1. Section 216.138, Florida Statutes, is created to read:
216.138 Cost and benefit analysis of legislation.
"The President of the Senate or the Speaker of the House of Representatives may request special impact sessions of the Revenue Estimating Conference to consider both the costs and benefits of proposed legislation."
Under these provisions, State Congressional leadership may question the impact of Federal government mandated expenditures, adding weight to arguments against 'rubber stamping' Federal mandates and providing a vehicle to push back against federal power grabs.
S74 National Universal Healthcare Program
This is a very lonely bill amongst all of those pieces of patriotic legislation.
Memorial by Aronberg (NO CO-SPONSORS)
A memorial to the Congress of the United States, urging Congress to enact legislation that establishes a national universal health care program having a comprehensive range of benefits.
The bill runs down the usual liberal statist socialized health care talking points such as how everyone deserves it, how it costs too much now, how we need to bring up our WHO health care ranking, etc, etc. Have a barf bag nearby if you're inclined to read it. Senator Aronberg must be the loneliest politician in Tallahassee.
In Summary, the State of Florida is considering many and various legislations asserting its rights of self-determination under the US constitution, and putting the Federal government on notice that if they continue issuing unconstitutional and unfunded dictates, the second amendment is still very much alive and kicking. In particular, health care legislation and unfunded mandates are singled out as especially egregious power grabs that will not be tolerated. The number of cosponsors on each of these common-sense bills is an indication that the Florida legislature is becoming more committed to asserting our rights as an independent State within the Union, and in some instances, leading the way!
Happy birthday to me (older than dirt today.)
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The views expressed in this
article are those of Larry Warrick only and do not represent
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You do know that Arizona's legislature put a consitutional amendment protecting certain rights of individual choice in health care on the 2010 ballot, right?
Thank you for this great article. I am a student and taking State and Local Politics and although this was not part of my assignment, I read your article by interest and found it to be very informative and easy to read. Many of my assignments are dry reads and I find it refreshing to read and article by someone who really wants people to "get it".
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