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89-55
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• A RESOLUTION OF THE CITY OF ATLANTIC BEACH URGING THE PRESIDENT AND U.S.
X CONGRESS TO RECOGNIZE AND AFFIRM THE LANGUAGE AND POWER OF THE TENTH
.. AMENDMENT WHICH GOVERNS AND BALANCES THE RESPECTIVE POWERS OF THE STATtS
}• AND THE rtDERAL GOVERNMENT.
!:
. WHEREAS, the Tenth Amendment, part of the original Bill of Rights,
a: 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
?0: 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,
:i Original) ; and
WHEREAS, these cases hold that the limits of the Tenth Amendment are
:.t structural, and not substantive, leaving states and local governments to
No. find protection from congressional regulation through the national
:. political process, rather than through constitutionally defined spheres of
is 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
w 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
i• 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 power under the Constitution; and
!.
WHEREAS, the Council of State Governments' Intergovernmental Partner-
e. ship Task Force has recommended consideration of specific constitutional
Vis: amendments to the Tenth Amendment and Article V.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH:
:s: SECTION 1. That the City of Atlantic Beach does endorse proposals for
is a White House conference and congressional hearing on federalism and does
is hereby agree to and approves the proposal to amend the Tenth Amendment and
:4o: 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
legislatures.
_s SECTION 2. That the City of Atlantic Beach further urges that each
city in Florida consider and take action to strengthen the position of the
states in the federal union by adopting similar resolutions in support of
• • these issues.
ti
i ADOPTW this 13th day of November , 1989.
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� 11PL, I. Gulliford, i V Mayor
A1!'hST:
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Maureen King, City Clerk