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40 RESOLUTION NO. 89 - 145 A RESOLUTION OF INDIAN RIVER COUNTY„ FLORIDA, URGING THE PRESIDENT AND U.S. CONGRESS TO RECOGNIZE AND AFFIRM THE LANGUAGE AND POWER OF THE TENTH AMENDMENT WHICH GOVERNS AND BALANCES THE RESPECTIVE POWERS OF THE STATES AND THE FEDERAL GOVERNMENT. 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, intergovernmental 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 forcer 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 State Governments' Intergovernmental Partnership Task Force has recommended consideration of specific constitutional amendments to the Tenth Amendment and Article V, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board does 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 legislature. The resolution was moved for adoption by Cor;missioner Scurlock and the motion was seconded by Commission Eggert,