South Carolina General Assembly
125th Session, 2023-2024
Bill 412
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A concurrent RESOLUTION
TO CALL UPON THE NATIONAL CONFERENCE OF STATE LEGISLATURES, THE COUNCIL OF STATE GOVERNMENTS, AND THE AMERICAN LEGISLATIVE EXCHANGE COUNCIL TO COORDINATE IN THE CREATION OF A NATIONAL FEDERALISM TASK FORCE FOR THE PURPOSE OF CONVENING A SERIES OF FEDERALISM SUMMITS FOCUSED ON RESTORING AND MAINTAINING CLEARLY DISCERNIBLE DIVISIONS IN THE ROLES AND RESPONSIBILITIES OF THE NATIONAL GOVERNMENT AND THE STATES.
Whereas, in balancing national concerns with the benefits of self governance, the Framers designed a hybrid form of government that was part national and part federal, with clear divisions in the roles and responsibilities delegated to each; and
Whereas, at the time, the Framers marveled at "the accuracy with which the line is drawn between the powers of the general government and those of the particular state governments," observing "that the powers are as minutely enumerated as was possible"; and
Whereas, this clear division of governing responsibilities was essential to the new form of government, in order to provide "a double security … to the rights of the people," against overreach from either sphere; and
Whereas, Alexander Hamilton admonished that "this balance between the national and state governments ought to be dwelt on with peculiar attention, as it is of the utmost importance"; and
Whereas, today, there is no clearly discernible division of roles and responsibilities between the general government and the states, and an overwhelming percentage of Americans are frustrated with the inefficiency, ineffectiveness, and unaccountability of their government, thus disengaging from it under the impression that their voices do not matter; and
Whereas, Supreme Court Justice Anthony Kennedy warned of the consequences of allowing this system to atrophy: "The fragmentation of power produced by the structure of our Government is central to liberty, and when we destroy it, we place liberty at peril"; and
Whereas, George Washington similarly advised that "to preserve [reciprocal checks] must be as important as to institute them"; and
Whereas, the preservation of this system relies on divisions, limits, and balance in governing roles and responsibilities and the self-governing engagement of the people. This singular system is essential to securing the rights of the people to pursue their unique visions of happiness. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, call upon the National Conference of State Legislatures, the Council of State Governments, and the American Legislative Exchange Council to coordinate in the creation of a National Federalism Task Force for the purpose of convening a series of federalism summits focused on restoring and maintaining clearly discernible divisions in the roles and responsibilities of the national government and the states.
Be it further resolved that a copy of this resolution be forwarded to the National Conference of State Legislatures, the Council of State Governments, the American Legislative Exchange Council, the Senate Presidents and Speakers of the House of the states, and the chairs of the federalism or federal-state relations committees of the states.
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