Florida Senate - 2014 SM 476 By Senator Hays 11-00350A-14 2014476__ 1 Senate Memorial 2 A memorial to the Congress of the United States, 3 applying to Congress to call a convention for the sole 4 purpose of proposing amendments to the Constitution of 5 the United States which impose fiscal restraints on 6 the Federal Government, limit the power and 7 jurisdiction of the Federal Government, and limit the 8 terms of office for federal officials and members of 9 Congress. 10 11 WHEREAS, the Founders of the United States of America 12 provided in the Constitution of the United States for a limited 13 Federal Government of express enumerated powers, and 14 WHEREAS, the Tenth Amendment to the Constitution 15 specifically provides that all powers not delegated to the 16 Federal Government nor prohibited by the Constitution to the 17 states are reserved to the states, respectively, or to the 18 people, and 19 WHEREAS, for many decades, this balance of power was 20 generally respected and followed by those occupying positions of 21 authority in the Federal Government, and 22 WHEREAS, as federal power has expanded over the past 23 decades, federal spending has exponentially increased to the 24 extent that it is now decidedly out of balance in relation to 25 actual revenues or when comparing the ratio of accumulated 26 public debt to the nation’s gross domestic product, and 27 WHEREAS, in 2013, the Federal Government’s accumulated 28 public debt exceeded $17 trillion, which is more than double 29 that in 2006, and 30 WHEREAS, projections of federal deficit spending in the 31 coming decades demonstrate that this power shift and its fiscal 32 impacts are continuing and pose serious threats to the freedom 33 and financial security of the American people and future 34 generations, and 35 WHEREAS, the Founders of the United States of America 36 provided a procedure in Article V of the Constitution to amend 37 the Constitution on application of two-thirds of the several 38 states, calling a convention for proposing amendments that will 39 be valid to all intents and purposes if ratified by the 40 legislatures of three-fourths of the several states, or by 41 conventions in three-fourths thereof, as one or the other mode 42 of ratification may be proposed by Congress, and 43 WHEREAS, it is a fundamental duty of state legislatures to 44 support, protect, and defend the liberty of the American people, 45 including generations yet to come, by asserting their solemn 46 duty and responsibility under the Constitution to call for a 47 convention under Article V for proposing amendments to the 48 Constitution to reverse and correct the ominous path that the 49 country is now on and to restrain future expansions and abuses 50 of federal power, NOW, THEREFORE, 51 52 Be It Resolved by the Legislature of the State of Florida: 53 54 (1) That the Legislature of the State of Florida does 55 hereby make application to Congress pursuant to Article V of the 56 Constitution of the United States to call an Article V 57 convention for the sole purpose of proposing amendments to the 58 Constitution of the United States which: 59 (a) Impose fiscal restraints on the Federal Government. 60 (b) Limit the power and jurisdiction of the Federal 61 Government. 62 (c) Limit the terms of office for federal officials and 63 members of Congress. 64 (2) That these three proposed amendment categories are 65 severable from one another and may be counted individually 66 toward the required two-thirds number of applications made by 67 the state legislatures for the calling of an Article V 68 convention. 69 (3) That this memorial is revoked and withdrawn, nullified, 70 and superseded to the same effect as if it had never been 71 passed, and retroactive to the date of passage, if it is used 72 for the purpose of calling a convention or used in support of 73 conducting a convention to amend the Constitution of the United 74 States for any purpose other than imposing fiscal restraints on 75 the Federal Government, limiting the power and jurisdiction of 76 the Federal Government, or limiting the terms of office for 77 federal officials and members of Congress. 78 (4) That this application constitutes a continuing 79 application in accordance with Article V of the Constitution of 80 the United States until the legislatures of at least two-thirds 81 of the several states have made applications on one or more of 82 the three proposed amendment categories listed above. 83 BE IT FURTHER RESOLVED that copies of this memorial be 84 dispatched to the President of the United States, to the 85 President of the United States Senate, to the Speaker of the 86 United States House of Representatives, and to each member of 87 the Florida delegation to the United States Congress.