HomeMy WebLinkAboutR-90-04RESOLUTION NO. R-90-04
A RESOLUTION OF THE CITY OF SEBASTIAN, 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; REPEALING RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
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 pre-emption of state and local authority; and
WHEREAS, federal, administrative and 3udicial 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 force of the Tenth Amendment; and
WHEREAS, the National Governor's Association, the Southern
Municipal Conference, the National Conference of State
Legislature, 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 CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That the City of Sebastian 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 states to initiate federal constitutional
amendments by a vote of three fourths of the state legislatures.
Section 2. That this Resolution be forwarded to the
President, the Florida ConGressional DeleGation, the Governor of
the State of Florida and the appropriate leaders of the Florida
LeGislature, 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.
Section 3. Ail Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 4. This Resolution shall take effective
immediately upon its adoption.
The foregoinn .Resolution was moved for adoption by
Councilman _~~~ . The motion was seconded by
Councilman -----~-~ ..... and, upon being put to a vote,the
vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
CITY OF SEBASTIAN, FLORIDA
By: Richard B. Votapka, Mayor
Kathr~M. O' Halloran, CMC/AAE
City ~lerk
Approved/as to Form and Content:
Char 1 es~ I. N~ash,--~iity Attorney
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