HomeMy WebLinkAbout1989-14540
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,