[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Senate]
[Pages S11604-S11606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-277. A petition from a citizen of the State of Kansas 
     relative to the Federal Reserve Bank; to the Committee on the 
     Judiciary.
       POM-278. A petition from a citizen of the State of Kansas 
     relative to the Federal Reserve Bank; to the Committee on the 
     Judiciary.
       POM-279. A petition from a citizen of the State of Kansas 
     relative to the Federal Reserve Bank; to the Committee on the 
     Judiciary.
       POM-280. A petition from a citizen of the State of Nebraska 
     relative to the Federal Reserve Bank; to the Committee on the 
     Judiciary.
       POM-281. A petition from a citizen of the Commonwealth of 
     Massachusetts relative to impeachment; to the Committee on 
     the Judiciary.
       POM-282. A petition adopted by the Council of the City of 
     Toledo, Ohio relative to the assault weapons ban; to the 
     Committee on the Judiciary.
       POM-283. A resolution adopted by the Unitarian Universalist 
     Congregation of the City of Binghamton, New York relative to 
     the school prayer; to the Committee on the Judiciary.
       POM-284. A joint resolution adopted by the Legislature of 
     the State of Illinois; to the Committee on the Judiciary.
                    ``House Joint Resolution No. 33

       ``Whereas, although the right of free expression is part of 
     the foundation of the Constitution of the United States, very 
     carefully drawn limits on expression in specific instances 
     have long been recognized as legitimate means of maintaining 
     public safety and prohibiting patently offensive behavior; 
     and
       ``Whereas, certain actions, although arguably related to 
     rights of expression, nevertheless raise issues concerning 
     public decency, public peace, and the rights of other 
     citizens; and
       ``Whereas, certain symbols of our national soul, such as 
     the Washington Monument, the United States Capitol, and 
     memorials to our greatest Leaders, are the property of every 
     American and are worthy of protection from desecration and 
     dishonor; and
       ``Whereas, the United States Flag is a most honorable and 
     worthy symbol of a nation that is thankful for its strengths 
     and committed to curing its faults, a nation that remains the 
     destination of millions of immigrants attracted by the 
     universal power of the America ideal; and
       ``Whereas, the law as interpreted by the United States 
     Supreme Court no longer accords the Flag the reverence, 
     respect, and dignity befitting that symbol of the most noble 
     experiment of a nation-state; and
       ``Whereas, it is appropriate that people everywhere should 
     forcefully call for restoration of the Flag to a proper 
     status that is protected by law and decency; therefore, be it
       ``Resolved, by the House of Representatives of the Eighty-
     Ninth General Assembly of the State of Illinois, the Senate 
     concurring herein, That we urge the Congress of the United 
     States to propose to the States an amendment to the 
     Constitution of the United States which specifies that 
     Congress and the States have the power to prohibit the 
     physical desecration of the United States Flag; and be it 
     further
       ``Resolved, That suitable copies of this resolution be 
     delivered to the President pro tempore of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, and each member of the Illinois 
     Congressional Delegation.''
                                                                    ____

       POM-285. A resolution adopted by the Senate of the General 
     Assembly of the State of Colorado; to the Committee on the 
     Judiciary.

                         ``Senate Memorial 95-2

       ``Whereas, our government is based upon the principle that 
     all political power is vested in and derived from the people 
     and that all persons have certain essential and inalienable 
     rights; and
       ``Whereas, in support of the amendments to the 
     Constitution, James Madison stated to the United States House 
     of Representatives that he believed `. . . that the great 
     mass of the people who opposed (the new Constitution) 
     disliked it because it did not contain effectual provisions 
     against the encroachments on particular rights, and those 
     safeguards which they have been long accustomed to have 
     interposed between them and the magistrate who exercises the 
     sovereign power . . .'; and
       ``Whereas, after considerable debate, the Constitution of 
     the United States was amended by the first ten amendments 
     collectively known as the Bill of Rights in order to formally 
     recognize and establish the inalienable rights of each and 
     every individual; and
       ``Whereas, all of the rights protected in the United States 
     Bill of Rights are important and should be respected; and
       ``Whereas, the Fourth Amendment states: `The right of the 
     people to be secure in their persons, houses, papers and 
     effects against unreasonable searches and seizures shall not 
     be violated; and no warrant shall issue, but upon probable 
     cause, supported by oath or affirmation, and particularly 
     describing the place to be searched, and the persons or 
     things to be seized.'; and
       ``Whereas, the exclusionary rule has been central to 
     implementation of the Fourth Amendment in the federal courts 
     for almost a century; and
       ``Whereas, the exclusionary rule has worked well to protect 
     the privacy and dignity of all Americans and to protect the 
     integrity of law enforcement; and
       ``Whereas, our government must avoid federal attempts 
     through legislation to weaken the Fourth Amendment; and
       ``Whereas, the inevitable result of federal attempts to 
     weaken the Fourth Amendment would be an increase in the 
     number of warrantless searches and a decrease in the privacy 
     rights of all Americans, the innocent as well as the guilty: 
     Now, therefore, be it
       ``Resolved by the Senate of the Sixtieth General Assembly 
     of the State of Colorado: That 

[[Page S11605]]
     we, the members of the Colorado Senate, hereby support the right of 
     citizens to be free from unreasonable searches and seizures 
     as set out in the current language of the Fourth Amendment to 
     the United States Constitution and urge Congress to make 
     every effort necessary to protect the integrity of the Fourth 
     Amendment, be it further
       ``Resolved, That copies of this Memorial be transmitted to 
     the Clerk of the United States Senate, the Clerk of the 
     United States House of Representatives, the Governor of the 
     State of Colorado, and the Colorado Congressional 
     Delegation.''
                                                                    ____

       POM-286. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on the Judiciary.

                 ``Senate Concurrent Resolution No. 33

       ``Whereas, the United States flag is a symbol of patriotism 
     and celebration of American freedom; and
       ``Whereas, desecration of the flag disgusts and enrages 
     many citizens of the United States, including veterans who 
     have fought to uphold what the flag symbolizes; and
       ``Whereas, the Supreme Court of the United States has held 
     that flag burning is protected speech under the First 
     Amendment of the Constitution of the United States and 
     consequently, cannot be banned; and
       ``Whereas, congressional votes in voth houses fell just 
     short of the two-thirds majority needed for a constitutional 
     amendment to ban flag burning in 1990; and
       ``Whereas, the Citizens Flag Alliance has currently signed 
     up one hundred eighty-four sponsors in the House of 
     Representatives and Senate for a bill to overturn the Supreme 
     Court rulings; and
       ``Whereas, a Gallup Poll commissioned by the American 
     Legion showed that as many as eighty percent of Americans 
     support a ban on flag burning, therefore, be it
       ``Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to propose an amendment to 
     the Constitution of the United States to prohibit the burning 
     of the United States flag, be it further
       ``Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana congressional delegation.''
                                                                    ____

       POM-287. A joint resolution adopted by the Legislation of 
     the State of Nevada; to the Committee on the Judiciary.

                     ``Senate Joint Resolution No.2

       ``WHEREAS, the United States Supreme Court, in Misouri v. 
     Jenkins, 110 Sup. Ct. 1651 (1990), extended the power of the 
     judicial branch of government by holding that a federal court 
     has the power to order an increase in state and local taxes; 
     and
       ``WHEREAS, this unprecedented decision violates one of the 
     fundamental tenets of the doctrine of separation of powers, 
     that the members of the federal judiciary should not have the 
     power to tax; and
       ``WHEREAS, in response to this decision, several members of 
     Congress have introduced a proposal to amend the Constitution 
     of the United States to reestablish the principle that the 
     judiciary does not have the power to tax; and
       ``WHEREAS, in addition to being introduced in Congress such 
     a constitutional amendment, has also been proposed by several 
     states; and
       ``WHEREAS, the passage of such a constitutional amendment, 
     first by a two-thirds majority in both houses of congress and 
     then by three-fourths of the several states' legislatures or 
     conventions, would serve to reverse an erroneous decision; 
     and
       ``WHEREAS, the proposed amendment to the Constitution of 
     the United States properly seeks to prevent federal courts 
     from levying or increasing taxes without representation of 
     the people and against the people's wishes; Now, therefore, 
     be it
       ``Resolved by the Senate and Assembly of the State of 
     Nevada jointly,'' That the Nevada Legislature hereby urges 
     Congress to propose and submit to the several states for 
     ratification an amendment to the Constitution of the United 
     States, providing that neither the Supreme Court of the 
     United States nor any inferior court of the United States has 
     the power to instruct or order a state or political 
     subdivision thereof, or an officer of a state or political 
     subdivision, to levy or increases taxes; and be it further
       ``Resolved, That the Nevada Legislature calls upon the 
     Nevada Congressional Delegation to use immediately the full 
     measure of their resources and influence to ensure the 
     passage of the amendment to the Constitution of the United 
     States; and be it further
       ``Resolved, That the Nevada Legislature urges the 
     legislatures of each of the several states comprising the 
     United States which have not yet made similar requests to 
     urge Congress to propose and submit to the several states for 
     ratification an amendment to the Constitution of the United 
     States; and be it further;
       ``Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives, each member of the 
     Nevada Congressional Delegation, and the presiding officer 
     any minority party leader in each house of the legislatures 
     of each state in the Union; and be it further
       ``Resolved, That this resolution becomes effective upon 
     passage and approval.''
                                                                    ____

       POM-288. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on the Judiciary.

                   ``Assembly Joint Resolution No. 34

       ``Whereas, the protection, conservation and allocation of 
     taxes collected from the residents of this state is a matter 
     within the purview of the Nevada Legislature; and
       ``Whereas, the State of Nevada has finite resources for 
     funding services and programs which are essential to the 
     residents of this state; and
       ``Whereas, the State of Nevada is firmly committed to 
     complying fully with all constitutional requirements for the 
     care and custody of prisoners in this state and with any 
     applicable order concerning the care and custody of prisoners 
     entered by a court of competent jurisdiction; and
       ``Whereas, judicial decisions requiring this state to 
     provide care and custody of prisoners which exceeds 
     constitutional requirements may have a detrimental fiscal 
     impact upon this state; now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     Nevada, jointly, That the Nevada Legislature urges the 
     Congress of the United States to pass legislation that would 
     prohibit a court from limiting or reducing the number of 
     prisoners housed in an institution unless a plaintiff proves 
     that overcrowding is the primary cause of the deprivation of 
     a constitutional right and that no other relief would remedy 
     that deprivation, and would limit any relief ordered by the 
     court to that which is necessary to remove the conditions 
     depriving the plaintiff of the constitutional right; and be 
     it further
       ``Resolved, That the Chief Clerk of the Assembly prepare 
     and transmit a copy of this resolution to the Vice President 
     of the United States as presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       ``Resolved, That this resolution becomes effective upon 
     passage and approval.''
                                                                    ____

       POM-289. A concurrent resolution adopted by the Legislature 
     of the State of Texas; to the Committee on the Judiciary.

                  ``House Concurrent Resolution No. 30

       ``Whereas, in response to an Act of Congress approved April 
     10, 1869, the 12th Legislature of the State of Texas convened 
     in Provisional Session from February 8 to February 24, 1870, 
     and ratified Amendments XIII, XIV, and XV to the United 
     States Constitution; and
       ``Whereas, those federal constitutional amendments, each 
     ratified by separate joint resolutions of the 12th 
     Legislature on February 15, 1870, solidified some of the most 
     precious rights that have been guaranteed constitutionally to 
     Americans, particularly ethnic minorities who were granted 
     the blessings of equal citizenship and the beginning of an 
     end to their past oppression; and
       ``Whereas, Amendment XIII eliminated forever the practice 
     of slavery, Amendment XIV promised due process and the equal 
     protection of the laws, and Amendment XV prohibited denial of 
     suffrage on the grounds of race, color, or previous condition 
     of servitude; and
       ``Whereas, over time, copies of the three resolutions 
     regrettably have vanished from the holdings of the Texas 
     state archives, yet others are preserved in Washington, D.C., 
     by virtue of their certification and transmittal to the 
     Secretary of State of the United States and to the presiding 
     officers of the United States Congress; and
       ``Whereas, the 1995 Regular Session of the 74th Legislature 
     coincides with the 125th anniversary of these historic 
     ratification actions and marks an appropriate time for the 
     conveyance to this state of replicas of the three resolutions 
     so that Texans may view and appreciate a series of documents 
     that have played such an important role in the extension and 
     elaboration of their civil rights: Now, therefore, be it
       ``Resolved, That the 74th Legislature of the State of 
     Texas, Regular Session, 1995, hereby respectfully request the 
     National Archives and Records Administration to make copies 
     of the joint resolutions of the 12th Texas Legislature 
     ratifying Amendments XIII, XIV, and XV to the United States 
     Constitution and transmit those copies to the Texas State 
     Library and Archives Commission for placement in the state 
     archives; and, be it further
       ``Resolved, That the Texas secretary of state forward 
     copies of this resolution to the archivist of the United 
     States at the National Archives and Records Administration, 
     to the vice-president of the United States and speaker of the 
     United States House of Representatives with a request that 
     this resolution be officially entered in the Congressional 
     Record, and to all members of the Texas delegation to the 
     United States Congress, as an official request to the federal 
     government by the 74th Legislature of the State of Texas; and 
     be it further
       ``Resolved, That if and when such replicas are received 
     from the National Archives and Records Administration, the 
     Texas State Library and Archives Commission be hereby 
     directed to place them in the holdings of the state archives 
     to be available for public viewing and photocopying and in 
     all other respects to be treated as any other material worthy 
     of archival storage and retrieval.''
                                                                    ____

       POM-290. A joint resolution adopted by the General Assembly 
     of the State of Tennessee; to the Committee on the Judiciary.
     
[[Page S11606]]


                    ``Senate Joint Resolution No. 15

       ``Whereas, the founders of our nation appended to the 
     Constitution of the United States ten amendments commonly 
     known as the Bill of Rights; and
       ``Whereas, the First Amendment of the Constitution of the 
     United States provides that `Congress shall make no law 
     respecting an establishment of religion, or prohibiting the 
     free exercise thereof; or abridging the freedom of speech, or 
     of the press; or the right of the people peaceably to 
     assemble, and to petition the government for a redress of 
     grievances'; and
       ``Whereas, the Ninth Amendment of the Constitution of the 
     United States provides that `The enumeration in the 
     Constitution, of certain rights, shall not be construed to 
     deny or disparage others retained by the people'; and
       ``Whereas, the clear and express intent of the framers of 
     the Constitution was to prevent the Federal Government from 
     interfering with the right of the people to freely exercise 
     and express their religious beliefs; and
       ``Whereas, for more than one hundred and fifty years the 
     people, acting through their state and local governments, 
     enjoyed the freedom to provide for prayer and religious 
     expression in their schools and public assemblies; and
       ``Whereas, beginning in the 1960's, the United States 
     Supreme Court has issued a series of rulings that have 
     systematically stripped from the people their historic and 
     constitutionally guaranteed right to provide for prayer, 
     religious study and religious expression in schools and 
     public assemblies; and
       ``Whereas, to date, the Congress of the United States has 
     failed or refused to restore to the people their right to 
     provide for prayer, religious study and religious expression 
     in schools and public assemblies; and
       ``Whereas, it is now time for the citizens of this nation 
     to reclaim and reassert our First Amendment rights which 
     constitutionally guarantee our freedom of religion and 
     freedom of religious expression: Now, therefore, be it
       ``Resolved by the Senate of the Ninety-Ninth General 
     Assembly of the State of Tennessee, the House of 
     Representatives concurring, That this General Assembly hereby 
     memorializes the United States Congress to propose an 
     amendment to the United States Constitution to restore to the 
     American people the right to free religious expression, 
     including the right to allow non-sectarian prayer, religious 
     study and religious expression in public schools and other 
     public assemblies, and to submit such constitutional 
     amendment to the several states for proper ratification, be 
     it further
       ``Resolved, That the Chief Clerk of the Senate is directed 
     to transmit an enrolled copy of this resolution to the 
     Speaker and the Clerk of the U.S. House of Representatives; 
     the President and the Secretary of the U.S. Senate; and to 
     each member of Tennessee's Congressional delegation.''
                                                                    ____

                                  

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