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BOOK. 78 450 <br />RESOLUTION NO. 89 - 145 <br />A RESOLUTION OF INDIAN RIVER COUNTY, <br />FLORIDA, URGING THE PRESIDENT AND U.S. <br />CONGRESS TO RECOGNIZE AND AFFIRM THE <br />LANGUAGE AND POWER OF THE TENTH <br />AMENDMENT WHICH GOVERNS AND BALANCES THE <br />RESPECTIVE POWERS OF THE STATES AND THE <br />FEDERAL GOVERNMENT. <br />WHEREAS, the Tenth Amendment, part of the original Bill <br />of Rights, reads as follows. "The powers not delegated to <br />the United States by the Constitution, nor prohibited by it <br />to the states, are reserved to the states respectively, or <br />to the people"; and <br />WHEREAS, the limits on Congress' authority to regulate <br />state and local activities prescribed by the Tenth Amendment <br />have recently been the subject of debate by the Supreme <br />Court in the cases of Garcia v. San Antonio Metropolitan <br />Transit Authority, 469 U.S. 528 (1965), and South Carolina <br />v. Baker, 56 U.S.L.W.4311 (U.S. April 20, 1988) (No.94, <br />Original);, and <br />WHEREAS, these cases hold that the limits of the Tenth <br />Amendment are structural, and not substantive, leaving <br />states and local governments to find protection from <br />congressional regulation through the national political <br />process, rather than through constitutionally defined <br />spheres of residual state authority; and <br />WHEREAS, these U.S. Supreme Court decisions invite <br />further federal preemption of state and local authority; <br />and <br />WHEREAS, federal administrative and <br />interference has occurred in matters related to <br />intergovernmental tax immunity tax -exemption of <br />bonds, social welfare, transportation and health; <br />judicial <br />personnel, <br />municipal <br />and <br />WHEREAS, states and municipalities across the nation <br />have adopted resolutions reaffirming their support for the <br />full constitutional forcer of the Tenth Amendment; and <br />WHEREAS, the National Governor's Association, the <br />Southern Municipal Conference, the National Conference of <br />State Legislatures, and the Council of State Governments <br />have supported the need to retain the balance and <br />separation of powers under the Constitution; and <br />WHEREAS, the Council of State Governments' <br />Intergovernmental Partnership Task Force has recommended <br />consideration of specific constitutional amendments to the <br />Tenth Amendment and Article V; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the <br />Board does endorse proposals for a White House conference <br />and congressional hearings on .federalism and does hereby <br />agree to and approves the proposal to amend the Tenth <br />Amendment and Article V of the U.S. Constitution to allow <br />the states to initiate federal constitutional amendments by <br />a vote of three fourths of the state legislature. <br />The resolution was moved for adoption by Commissioner <br />Scurlock and the motion was seconded by Commission Eggert, <br />50 <br />