[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 32 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 32
To amend title 28, United States Code, to clarify the remedial
jurisdiction of inferior Federal courts.
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IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. Thurmond introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to clarify the remedial
jurisdiction of inferior Federal courts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Taxation Prohibition Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) a variety of effective and appropriate judicial
remedies are available for the full redress of legal and
constitutional violations under existing law; and
(B) the imposition or increase of taxes by courts is
neither necessary nor appropriate for the full and effective
exercise of Federal court jurisdiction;
(2) the imposition or increase of taxes by judicial order--
(A) constitutes an unauthorized and inappropriate
exercise of the judicial power under the Constitution
of the United States; and
(B) is incompatible with traditional principles of
law and government of the United States and the basic
principle of the United States that taxation without
representation is tyranny;
(3) Federal courts exceed the proper boundaries of their
limited jurisdiction and authority under the Constitution of
the United States, and impermissibly intrude on the legislative
function in a democratic system of government, when they issue
orders requiring the imposition of new taxes or the increase of
existing taxes; and
(4) Congress retains the authority under article III,
sections 1 and 2 of the Constitution of the United States to
limit and regulate the jurisdiction of the inferior Federal
courts that Congress has seen fit to establish, and such
authority includes the power to limit the remedial authority of
inferior Federal courts.
SEC. 3. JUDICIAL TAXATION PROHIBITION.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by inserting after section 1341 the following:
``Sec. 1341A. Prohibition of judicial imposition or increase of taxes
``(a) Notwithstanding any other provision of law, no inferior court
established by Congress shall have jurisdiction to issue any remedy,
order, injunction, writ, judgment, or other judicial decree requiring
the Federal Government or any State or local government to impose any
new tax or to increase any existing tax or tax rate.
``(b) Nothing in this section shall prohibit inferior Federal
courts from ordering duly authorized remedies, otherwise within the
jurisdiction of those courts, that may require expenditures by a
Federal, State, or local government in any case in which those
expenditures are necessary to effectuate those remedies.
``(c) In this section, the term `tax' includes--
``(1) personal income taxes;
``(2) real and personal property taxes;
``(3) sales and transfer taxes;
``(4) estate and gift taxes;
``(5) excise taxes;
``(6) user taxes;
``(7) corporate and business income taxes; and
``(8) licensing fees or taxes.''.
(b) Table of Sections.--The table of sections for chapter 85 of
title 28, United States Code, is amended by inserting after the item
relating to section 1341 the following:
``1341A. Prohibition of judicial imposition or increase of taxes.''.
SEC. 4. APPLICABILITY.
This Act and the amendments made by this Act shall apply to cases
pending or commenced in a Federal court on or after the date of
enactment of this Act.
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