Florida Senate - 2011                                   SJR 1438
       
       
       
       By Senator Hays
       
       
       
       
       20-01133-11                                           20111438__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article I of the State Constitution, to assert
    4         the sovereignty of the state and refuse to comply with
    5         unconstitutional federal mandates.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following creation of Section 28 of Article I of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                              ARTICLE I                            
   15                        DECLARATION OF RIGHTS                      
   16         SECTION 28. Sovereignty of the state; refusal to comply
   17  with unconstitutional federal mandates.—
   18         (a) The people of this state assert their residual and
   19  inviolable sovereignty under the Tenth Amendment to the
   20  Constitution of the United States over all powers not otherwise
   21  enumerated and granted to the Federal Government by that
   22  Constitution.
   23         (b) The people of this state also refuse to comply with
   24  mandates by any branch of the Federal Government which are
   25  beyond the scope of such constitutionally delegated powers, and
   26  demand that the Federal Government cease and desist from issuing
   27  mandates that are beyond the scope of such powers.
   28         (c) The people of this state further refuse to recognize or
   29  comply with any compulsory federal legislation that directs the
   30  state to comply or requires the state to pass specific
   31  legislation in order not to lose federal funding, and demand
   32  that any such existing legislation be repealed.
   33         BE IT FURTHER RESOLVED that the following statement be
   34  placed on the ballot:
   35                      CONSTITUTIONAL AMENDMENT                     
   36                        ARTICLE I, SECTION 28                      
   37         SOVEREIGNTY OF THE STATE.—Proposing an amendment to the
   38  State Constitution to assert the sovereignty of the state and
   39  declare the right of the people of the state to refuse to comply
   40  with federal mandates that violate the Constitution of the
   41  United States.