[Congressional Record Volume 142, Number 93 (Friday, June 21, 1996)]
[Senate]
[Pages S6659-S6662]
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-611. A resolution adopted by the Council of the City of 
     Toledo, Ohio, relative to the minimum wage; to the Committee 
     on Labor and Human Resources.
       POM-612. A concurrent resolution adopted by the Legislature 
     of the State of Delaware; to the Committee on Labor and Human 
     Resources.

                  ``House Concurrent Resolution No. 38

       ``Whereas improving patient access to quality health care 
     is a paramount national goal; and
       ``Whereas the key to improved health care, especially for 
     persons with serious unmet medical needs, is the rapid 
     approval of safe and effective new drugs, biological 
     products, and medical devices; and
       ``Whereas minimizing the delay between discovery and 
     eventual approval of a new drug, biological product, or 
     medical device derived from research conducted by innovative 
     pharmaceutical and biotechnology companies could improve the 
     lives of millions of Americans; and
       ``Whereas current limitations on the dissemination of 
     information about pharmaceutical products reduce the 
     availability of information to physicians, other health care 
     professionals, and patients, and unfairly limit the right of 
     free speech guaranteed by the First Amendment to the United 
     States Constitution; and
       ``Whereas the current rules and practices governing the 
     review of new drugs, biological products, and medical devices 
     by the United States Food and Drug Administration can delay 
     approvals and are unnecessarily expensive; Now, therefore, be 
     it
       ``Resolved by the House of Representatives of the 138th 
     General Assembly of the State of Delaware, the Senate 
     concurring therein, That the State Legislature respectfully 
     urges the Congress of the United States to address this 
     important issue by enacting comprehensive legislation to 
     facilitate the rapid review and approval of innovative new 
     drugs, biological products, and medical devices, without 
     compromising patient safety or product effectiveness; and be 
     it further
       ``Resolved, That copies of this Resolution be transmitted 
     forthwith by the Clerk of the House or Secretary of the 
     Senate to the President of the United States, the Speaker of 
     the United States House of Representatives, and President of 
     the United States Senate, and to each member of the United 
     States Senate and the United States House of 
     Representatives.''
                                                                    ____

       POM-613. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii; to the Committee on Labor and Human 
     Resources.

                   ``House Concurrent Resolution 259

       ``Whereas, household energy costs for heating, cooling, 
     electricity, and other needs account for a sizable portion of 
     living expenses for low-income families; and
       ``Whereas, in 1980, to assist low-income families with 
     energy needs, Congress established the Low-Income Home Energy 
     Assistance Program (LIHEAP) as part of the Crude Oil Windfall 
     Profit Tax Act of 1980; and
       ``Whereas, LIHEAP provides block grants to the 50 states, 
     the District of Columbia, Puerto Rico, and Indian Tribal 
     organizations to assist eligible households in meeting the 
     costs of home energy; and
       ``Whereas, under the program, states make payments directly 
     to eligible households or to home energy suppliers on behalf 
     of eligible households, and payments may be provided in cash, 
     fuel, prepaid utility bills, or as vouchers, stamps, or 
     coupons that may be used in exchange for energy supplies; and
       ``Whereas, in addition to providing assistance for heating 
     and cooling needs, eligible LIHEAP households may also 
     receive funds for weather-related and supply shortage 
     emergencies; and
       ``Whereas, LIHEAP recipients are among the poorest 
     households in America, with nearly three-fifths having an 
     annual income of less than $6,000; and
       ``Whereas, while critical, LIHEAP benefits only cover about 
     30 percent of the energy costs of LIHEAP recipients; and
       ``Whereas, families whose utilities are disconnected 
     because they cannot pay their bills face such risks as food 
     spoilage, lack of sanitation, or eviction, that can lead to 
     hopelessness: Now, therefore, be it
       ``Resolved by the House of Representatives of the 
     Eighteenth Legislature of the State of Hawaii, Regular 
     Session of 1996, the Senate concurring, That Congress is 
     urged to continue the Low-Income Home Energy Assistance 
     Program; and be it further
       ``Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and Hawaii's Congressional Delegation.''
                                                                    ____

       POM-614. A concurrent resolution adopted by the Legislature 
     of the State of Iowa; to the Committee on Labor and Human 
     Resources.

                 ``Senate Concurrent Resolution No. 109

       ``Whereas, improving patient access to quality health care 
     is a paramount national goal; and
       ``Whereas, the key to improved health care in many cases 
     and especially for individuals with serious unmet medical 
     needs, is the rapid development and approval of safe and 
     effective drugs, biological products, and medical devices; 
     and
       ``Whereas, minimizing the delay between discovery and 
     eventual approval of a new drug, biological product, or 
     medical device derived from research conducted by innovative 
     pharmaceutical and biotechnology companies could improve the 
     lives of millions of individuals; and
       ``Whereas, current limitations on the dissemination of 
     information about pharmaceutical products reduce the 
     availability of information to health care professionals and 
     patients, and may be viewed as interfering with the right of 
     free speech guaranteed by the first amendment to the 
     Constitution of the United States; and
       ``Whereas, the current regulations and practices governing 
     the review of new drugs, biological products, and medical 
     devices by the United States Food and Drug Administration may 
     delay approval and are unnecessarily expensive: Now, 
     therefore, be it
       ``Resolved by the Senate, the House of Representatives 
     concurring, That the Iowa General Assembly respectfully urges 
     the Congress of the United States to address this important 
     issue by enacting comprehensive legislation to facilitate the 
     rapid review and approval of innovative drugs, biological 
     products, and medical devices, without compromising patient 
     safety or product effectiveness; and be it further
       ``Resolved, That copies of this resolution be transmitted 
     to the President of the United States, the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and to each member of the United States 
     Senate and House of Representatives.''
                                                                    ____

       POM-615. A joint resolution adopted by the Legislature of 
     the State of Maine; to the Committee on Labor and Human 
     Resources.

[[Page S6660]]

                           ``Joint Resolution

       ``Whereas, improving patient access to quality health care 
     is a paramount national goal; and
       ``Whereas, the key to improved health care, especially for 
     persons with serious unmet medical needs, is the rapid 
     approval of safe and effective new drugs, biological products 
     and medical devices; and
       ``Whereas, minimizing the delay between discovery and 
     eventual approval of a new drug, biological product or 
     medical device derived from research conducted by innovative 
     pharmaceutical and biotechnology companies could improve the 
     lives of millions of Americans; and
       ``Whereas, current limitations on the dissemination of 
     information about pharmaceutical products reduce the 
     availability of information to physicians, other health care 
     professionals and patients, and unfairly limit the right of 
     free speech guaranteed by the First Amendment to the United 
     States Constitution; and
       ``Whereas, the current rules and practices governing the 
     review of new drugs, biological products and medical devices 
     by the United States Food and Drug Administration can delay 
     approvals and are unnecessarily expensive: Now, therefore, be 
     it
       Resolved, That We, your Memorialists, respectfully urge the 
     Congress of the United States to address this important issue 
     by enacting comprehensive legislation to facilitate the rapid 
     review and approval of innovative drugs, biological products 
     and medical devices, without compromising patient safety or 
     product effectiveness; and be it further
       Resolved, That suitable copies of this Memorial, duly 
     authenticated by the Secretary of State, be transmitted to 
     the honorable William J. Clinton, President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the Congress of the United States 
     and to each Member of the Maine Congressional Delegation.''
                                                                    ____

       POM-616. A resolution adopted by the Senate of the 
     Legislature of the State of Missouri; to the Committee on 
     Labor and Human Resources.

                        ``Senate Resolution 1326

       ``Whereas, improving patient access to quality health care 
     is a paramount national goal; and
       ``Whereas, the key to improved health care, especially for 
     persons with serious unmet medical needs, is the rapid 
     approval of safe and effective new drugs, biological 
     products, and medical devices; and
       ``Whereas, minimizing the delay between discovery and 
     eventual approval of a new drug, biological product, or 
     medical device derived from research conducted by innovative 
     pharmaceutical and biotechnology companies could improve the 
     lives of millions of Americans; and
       ``Whereas, current limitation on the dissemination of 
     information about pharmaceutical products reduce the 
     availability of information to physicians, other health care 
     professionals, and patients, and unfairly limit the right of 
     free speech guaranteed by the First Amendment to the United 
     States Constitution; and
       ``Whereas, the current rules and practices governing the 
     review of new drugs, biological products, and medical devices 
     by the United States Food and Drug Administration can delay 
     approvals and are unnecessarily expensive; Now, therefore, be 
     it
       ``Resolved by the Senate, That we respectfully urge the 
     Congress of the United States to address this important issue 
     by enacting comprehensive legislation to facilitate the rapid 
     review and approval of innovative new drugs, biological 
     products, and medical devices, without compromising patient 
     safety or product effectiveness; and be it further
       ``Resolved, That properly inscribed copies of this 
     resolution be transmitted forthwith to the President of the 
     United States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and to each member of the Missouri Delegation of Congress.''
                                                                    ____

       POM-617. A joint resolution adopted by the Legislature of 
     the State of New Hampshire, to the Committee on Labor and 
     Human Resources.

                      ``House Joint Resolution 21

       ``Whereas, the United States Department of Education has 
     shown a tendency toward direct, federal control of schools 
     and to reorganize education into a centralized function which 
     cannot adequately address the needs and desires of the states 
     and their local communities; and
       ``Whereas, the inhabitants of the states and their local 
     communities are better suited to control within their means, 
     curricula and costs within their own domain; and
       ``Whereas, the funds now being expended by the United 
     States Department of Education can be better employed if sent 
     directly to the states and their local communities: Now, 
     therefore, be it
       ``Resolved by the Senate and House of Representatives in 
     General Court convened: That the United States Department of 
     Education be abolished, and that the funds now distributed by 
     the Department be granted directly to the states on a per 
     capita basis, without restriction, except that these funds 
     shall be applied only to public education; and That copies of 
     this resolution be sent by the house clerk to the President 
     of the United States, the Speaker of the House of 
     Representatives, the President of the United States Senate, 
     and New Hampshire's congressional delegation.''
                                                                    ____

       POM-618. A resolution adopted by the House of 
     Representatives of the Legislature of the Sate on New 
     Hampshire; to the Committee on Labor and Human Resources.

                         ``House Resolution 61

       ``Whereas, a key to improve health care, especially for 
     persons with serious unmet medical needs, is the rapid 
     approval of safe and effective drugs, biological products, 
     and medical devices; and
       ``Whereas, minimizing the delay between discovery and 
     eventual approval of new drugs, biological products, or 
     medical devices derived from research conducted by innovative 
     pharmaceutical and biotechnology companies could improve the 
     lives of millions of Americans; and
       Whereas, the current rules and practices governing the 
     review of new drugs, biological products, and medical devices 
     by the United States Food and Drug Administration can cause 
     unnecessary delay and expense: Now, therefore, be it
       ``Resolved by the House of Representatives, That the 
     Congress of the United States is hereby urged to address this 
     important issue by enacting comprehensive legislation to 
     facilitate the rapid review and approval of innovative new 
     drugs, biological products, and medical devices, without 
     compromising patient safety or product effectiveness; and 
     That copies of this resolution, signed by the speaker of the 
     house, be sent by the house clerk to the President of the 
     United States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and the New Hampshire congressional delegation.''
                                                                    ____

       POM-619. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia to the Committee on Labor and 
     Human Resources.

                    ``Senate Joint Resolution No. 75

       ``Whereas, the epidemic of violence which has engulfed this 
     country has spread to children and has spilled over into 
     every realm of society, including our local public elementary 
     and secondary schools; and
       ``Whereas, public school officials have endeavored, by 
     engaging in broad-based discussion and solution development, 
     to ensure safe and healthy environments, conducive to 
     learning, in the Commonwealth's schools; and
       ``Whereas, however, many disciplinary measures have been, 
     and may be necessary in the future, to provide disincentives 
     to unacceptable behavior; and
       ``Whereas, public schools have a statutory responsibility 
     for educating students with disabilities, pursuant to the 
     Federal Individuals with Disabilities Education Act and long-
     standing state law; and
       ``Whereas, Virginia has always been proud of her history of 
     enlightened and progressive policies for students with 
     disabilities, establishing state law for education of 
     handicapped students long before the federal law was enacted, 
     and operating programs and facilities to educate such 
     students at state expense; and
       ``Whereas, however, in recent years the Commonwealth has 
     been engaged in a legal tug of war with the federal 
     government because of its policy of equal application of 
     disciplinary requirements; and
       ``Whereas, the Commonwealth is presently under a hearing 
     officer's order to provide free appropriate educational 
     programs to all students with disabilities, including those 
     students who have engaged in violent or dangerous behavior 
     and have subsequently been suspended or expelled; and
       ``Whereas, although Virginia will comply with dignity to 
     this order, this matter is still being contested, and many 
     experts and other citizens believe that violence can only be 
     curbed in the public schools by providing equitable and 
     strong measures for the discipline of all students, including 
     those students with disabilities who have been suspended or 
     expelled and whose behavior is unrelated to their handicaps: 
     Now, therefore, be it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That the Congress of the United States be urged 
     to provide, in the reauthorization of the Individuals with 
     Disabilities Education Act, disciplinary flexibility to state 
     and local education agencies in order that they might more 
     easily be able to ensure safe and healthy learning 
     environments in the Commonwealth's public schools; and be it
       ``Resolved further, That the Clerk of the Senate shall 
     transmit copies of this resolution to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, and 
     the members of the Virginia congressional delegation in order 
     that they may be apprised of the sense of the General 
     Assembly of Virginia.''
                                                                    ____

       POM-620. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on Labor and 
     Human Resources.

                    ``House Joint Resolution No. 82

       ``Whereas, for the purposes of serving students who are 
     educationally at-risk, the Commonwealth has received a 
     separate federal appropriation for each program targeted to 
     assisting educationally at-risk students and public schools, 
     although such programs are related; and
       ``Whereas, accountability for the use of these separate 
     pools of funds often results in

[[Page S6661]]

     the duplication of services, inefficient service delivery, 
     and inconsistency because of the lack of communication among 
     schools and agencies serving the same groups of children; and
       ``Whereas, the regulations governing such programs are 
     difficult to change, limiting program effectiveness and 
     efficient service delivery to eligible students and schools; 
     and
       ``Whereas, the 1995 reauthorization of the Improving 
     America's Schools Act of 1994 (IASA), provided states an 
     opportunity to submit one consolidated plan for the 
     coordinated use of programs and moneys for educationally at-
     risk students; and
       ``Whereas, the Board of Education elected to submit a 
     consolidated plan to include all eligible programs under the 
     act; and
       ``Whereas, this comprehensive approach to delivering 
     educational services to children is more effective and 
     efficient, reduces duplication of services, and facilitates 
     and enhances communication among schools and agencies 
     administering such educational programs and providing related 
     support services; and
       ``Whereas, the opportunity to coordinate these educational 
     and support services will impact the academic achievement of 
     the children served in a measurable and positive way: Now, 
     therefore, be it
       ``Resolved by the House of Delegates, the Senate 
     concurring, That the Congress of the United States and the 
     President be urged to support consolidated state plans under 
     the Improving America's Schools Act of 1994 for federally 
     supported programs for educationally at-risk students; and, 
     be it
       ``Resolved further, That the Clerk of the House of 
     Delegates transmit copies of this resolution to the President 
     of the United States, the Speaker of the House of 
     Representatives, the President of the United States Senate, 
     the Virginia Liaison Office, and the members of the Virginia 
     Congressional Delegation to apprise them of the sense of the 
     General Assembly of Virginia.''
                                                                    ____

       POM-621. A petition from a citizen of the State of Texas 
     relative to a Constitutional convention; to the Committee on 
     the Judiciary.
       POM-622. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Judiciary.

                      ``House Joint Resolution 30

       ``Whereas federal courts have ordered a state or political 
     subdivision of a state to levy or increase taxes; and
       ``Whereas such an order violated fundamental principles of 
     separation of powers under which the legislative branch is 
     charged with the enactment of laws; and
       ``Whereas such an order, coming from a federal court, 
     severely undermines the independence of each of the states; 
     be it
       ``Resolved by the Alaska State Legislature, That the 
     Congress of the United States is requested to prepare and 
     present to the legislature of all the states an amendment to 
     the Constitution of the United States that would prohibit a 
     federal court from ordering a state or political subdivision 
     of a state to increase or impose taxes in substantially the 
     following language: Neither the Supreme Court nor any 
     inferior court of the United States shall have the power to 
     instruct or order a state or political subdivision thereof, 
     or an official of such state or political subdivision, to 
     levy or increase taxes; and be it further
       ``Resolved, That the legislatures of all the states are 
     invited to join with Alaska to secure ratification of the 
     proposed amendment.''
                                                                    ____

       POM-623. A concurrent resolution adopted by the Legislature 
     of the State of Iowa; to the Committee on the Judiciary.

                    ``House Concurrent Resolution 28

       ``Whereas, status offenses consist of conduct which is not 
     criminal when committed by adults, such as truancy and 
     running away from home; and
       ``Whereas, the decriminalization of status offenses has 
     given children of all ages a license to decide what is best 
     for themselves, regardless of whether or not they place 
     themselves in jeopardy or have the ability to handle that 
     license; and
       ``Whereas, parents and families are acutely experiencing 
     the effects of this idealistic, illusory, and ineffective 
     public policy which has led to the undermining of parental 
     responsibility thus contributing to a breakdown in family 
     discipline; and
       ``Whereas, temporary, secure detention of status offenders 
     before they engage in a dangerous or unhealthy lifestyle is a 
     part of society's responsibility to protect children who are 
     at risk, and the exercise of which is prevented by the status 
     offender mandates: Now therefore, be it
       ``Resolved by the House of Representatives, the Senate 
     concurring, That Congress should repeal the decriminalization 
     of status offenses mandate contained in the federal Juvenile 
     Justice Delinquency Prevention Act of 1974 and return control 
     over juvenile justice to the states; be it further
       ``Resolved, That copies of this Resolution be transmitted 
     to the President of the United States, the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and all of the members of Iowa's 
     congressional delegation.''
                                                                    ____

       POM-624. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Kentucky; to the Committee on the 
     Judiciary.

                           ``Joint Resolution

       ``Whereas, convened in New York City, the very First 
     Congress of the United States on September 25, 1789, 
     submitted a proposed amendment to the United States 
     Constitution to the state legislatures for their 
     consideration, in pursuance of Article V of that 
     Constitution, which reads as follows:
       `Twenty-Seventh Article of Amendment
       No law, varying the compensation for the services of the 
     (U.S.) Senators and (U.S.) Representatives, shall take 
     effect, until an election of (U.S.) Representatives shall 
     have intervened.' and which had been presented to the state 
     legislatures for ratification without a time constraint upon 
     its consideration; and
       ``Whereas, this particular constitutional amendment became 
     the Twenty-Seventh Article of Amendment to the U.S. 
     Constitution during the morning hours of May 7, 1992, when 
     the Legislature of the State of Michigan supplied the thirty-
     eighth approval of it; and
       ``Whereas, on May 18, 1992, the Archivist of the United 
     States issued a proclamation, published in 57 Fed. Reg. 
     21187-8, which officially declared the 202-year-old 
     constitutional amendment to have become part of the U.S. 
     Constitution; and
       ``Whereas, on May 20, 1992, both the United States Senate 
     and the United States House of Representatives separately 
     adopted resolutions in which each body expressed its 
     agreement that the 202-year-old constitutional amendment had 
     validly become the Twenty-Seventh Article of Amendments to 
     the U.S. Constitution; and
       ``Whereas, subsequent to the determinative ratification 
     furnished by the Michigan Legislature, the Twenty-Seventh 
     Article of Amendment was then postratified by the 
     legislatures of the following states on the following dates: 
     New Jersey on May 7, 1992 (during the afternoon hours) (138 
     Cong. Rec. S6846); Illinois on May 12, 1992 (138 Cong. Rec. 
     H3729, H3739, S6846, S8387-8); California on June 26, 1992 
     (138 Cong. Rec. H10100, S18271, E2237); Rhode Island on June 
     10, 1993 (139 Cong. Rec. H4681, S9981-2); Hawaii on April 29, 
     1994 (140 Cong. Rec. H3791, S7956); and Washington on April 
     6, 1995 (141 Cong. Rec. H9743, S7917); and
       ``Whereas, the purpose of the Twenty-Seventh Article of 
     Amendment is in keeping with the desires of the people of 
     this Commonwealth that pay raises for members of the U.S. 
     Congress be deferred until a biennial election of the U.S. 
     House of Representatives has intervened, so as to avoid 
     conflicts of interest and appearances of impropriety; and
       ``Whereas, it is not at all unusual for state legislatures 
     to continue to act upon an amendment to the U.S. Constitution 
     well after that amendment has become part of our federal 
     charter. In 1976, for instance, the Kentucky General Assembly 
     postratified the Thirteenth, Fourteenth, and Fifteenth 
     Articles of Amendment to the U.S. Constitution more than a 
     full century after all three of them had already been 
     incorporated into the nation's highest law; Now, therefore, 
     be it
       ``Resolved by the General Assembly of the Commonwealth of 
     Kentucky:
       ``Section 1. In pursuance of Article V of the U.S. 
     Constitution, and in conformity with the 1939 ruling of the 
     U.S. Supreme Court in the landmark case of Coleman v. Miller, 
     the Twenty-Seventh Article of Amendment to the U.S. 
     Constitution, as quoted above, is hereby postratified by the 
     Kentucky General Assembly so that this Commonwealth's special 
     stamp of approval may be affixed thereto.
       ``Section 2. The Secretary of State of the Commonwealth of 
     Kentucky shall cause true and correct copies of this Joint 
     Resolution to be sent to the Archivist of the United States, 
     in accordance with Pub. L. No. 98-497, to the Vice President 
     of the United States, and to the Speaker of the United States 
     House of Representatives, with the respectful request that it 
     be officially published in the Congressional Record.''
                                                                    ____

       POM-625. A resolution adopted by the Legislature of the 
     Commonwealth of Massachusetts; to the Committee on Judiciary.

                              ``Resolution

       ``Whereas, in a five-to-four decision on April eighteenth, 
     Nineteen hundred and ninety, the United States Supreme Court 
     extended the power of the judicial branch of government 
     beyond any defensible bounds; and
       ``Whereas, in Missouri v. Jenkins (110 Sup. Ct. 1651 
     (1990)), the United States Supreme Court held that a Federal 
     court had 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 constitutional amendment to re-
     establish a principle that has been well-settled: judges do 
     not have the power to tax; and
       ``Whereas, the passage of such 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 not only to reverse an 
     unfortunate decision, but also to reassert the legislature's 
     constitutional role in maintaining a strong tripartite system 
     of government, a system in which each of the branches is 
     constrained by the others; and

[[Page S6662]]

       ``Whereas, such proposed constitutional amendment is a long 
     overdue response to a Federal judiciary that, in the pursuit 
     of seemingly good end, fails to recognize the constitutional 
     limits on its power; and
       ``Whereas, in addition to being introduced in the United 
     States Congress such constitutional amendment has also been 
     proposed by several States; and
       ``Whereas, the text of such proposed constitutional 
     amendment reads: `Neither the Supreme Court nor any inferior 
     court of the United States shall have the power to instruct 
     or order a State or political subdivision thereof, or an 
     official of such State or political subdivision, to levy or 
     increase taxes'; and
       ``Whereas, such amendment seeks properly to prevent Federal 
     courts from levying or increasing taxes without 
     representation of the people and against the people's wishes. 
     Therefore be it
       ``Resolved, That the Massachusetts Senate hereby 
     memorializes the United States Congress to propose and submit 
     to the several States for ratification no later than January 
     first, Nineteen Hundred and Ninety-six, an amendment to the 
     Constitution of the United States, the text of which 
     amendment shall read:
       `` `Neither the Supreme Court nor any inferior Court of the 
     United States shall have the power to instruct or order a 
     State or political subdivision thereof, or an official or 
     such State or political subdivision, to levy or increase 
     taxes'; and calls upon the Massachusetts congressional 
     delegation to use immediately the full measure of its 
     resources and influence in order to ensure the passage of 
     such amendment to the Constitution of the United States, 
     which provides that no court shall have the power to levy or 
     increase taxes; and further proposes that the legislatures of 
     each of the several States comprising the United States which 
     have not yet made similar request apply to the United States 
     Congress requesting enactment of such amendment to the United 
     States Constitution; and be it further
       ``Resolved, That copies of these resolutions be transmitted 
     forthwith by the Clerk of the * * * to the Vice President of 
     the United States as the Presiding Officer of the Senate, the 
     * * * of the House of Representatives, each member of the 
     Massachusetts Congressional delegation, * * * officer and 
     minority party leader in each house of the legislatures of 
     each State * * *.''
                                                                    ____

       POM-626. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on the 
     Judiciary.

                   ``Senate Joint Resolution No. 146

       ``Whereas, with each passing year this nation becomes 
     deeper in debt as its federal government's expenditures 
     repeatedly exceed available revenues, so that the federal 
     public debt is now approximately $4.9 trillion--or $19,000 
     for every man, woman, and child; and
       ``Whereas, the annual federal budget has not been balanced 
     since 1969, demonstrating an unwillingness or inability of 
     both the legislative and executive branches of the federal 
     government to spend in conformity with available revenues; 
     and
       ``Whereas, knowledgeable planning, fiscal prudence, and 
     plain good sense require that the federal budget should not 
     be manipulated to present the appearance of being in balance, 
     while, in fact, federal indebtedness continues growing; and
       ``Whereas, believing that fiscal irresponsibility at the 
     federal level, which is resulting in a lower standard of 
     living and endangering economic opportunity now and for the 
     next generation, is the greatest threat which faces our 
     nation; and
       ``Whereas, Thomas Jefferson recognized the importance of a 
     balanced budget when he wrote ``The question whether one 
     generation has the right to bind another by the deficit it 
     imposes is a question of such consequence as to place it 
     among the fundamental principles of government. We should 
     consider ourselves unauthorized to saddle posterity with our 
     debts, and morally bound to pay them ourselves''; and
       ``Whereas, the principal functions of the Constitution of 
     the United States include: promoting the broadest principles 
     of a government of, by, and for the people; setting forth the 
     most fundamental responsibilities of government; and 
     enumerating and limiting the powers of the government to 
     protect the basic rights of the People; and
       ``Whereas, the federal government's unlimited ability to 
     borrow involves decisions of such magnitude, with such 
     potentially profound consequences for the nation and its 
     People, today and in the future, that it is appropriately a 
     subject for limitation by the Constitution of the United 
     States; and
       ``Whereas, the Constitution vests the ultimate 
     responsibility to approve or disapprove of amendments to the 
     Constitution of the United States with the People of the 
     several States, as represented by their elected Legislatures; 
     and
       ``Whereas, opposition by a small minority within Congress 
     and, on occasion, by the President, has repeatedly thwarted 
     the will of the People of the United States that a Balanced 
     Budget Amendment to the Constitution of the United States 
     should be submitted to the States for ratification, while 
     large majorities of both Houses of Congress already have 
     prepared, considered, and voted for such amendment: Now, 
     therefore, be it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That the Congress of the United States be urged 
     to submit a balanced budget amendment to the United States 
     Constitution to the states for ratification. The Congress is 
     encouraged to expeditiously pass and propose an amendment 
     that would require, in the absence of a national emergency, 
     that the total of all federal appropriations made by the 
     Congress for any fiscal year may not exceed the total of all 
     estimated federal revenues for that fiscal year; and, be it
       ``Resolved further, That the Legislatures of each of the 
     several States be urged to apply to the Congress requesting 
     the proposal for ratification of an appropriate amendment to 
     the Constitution of the United States; and, be it
       ``Resolved finally, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States Senate, the Speaker of the House of Representatives of 
     the United States, each Member of the Virginia Congressional 
     Delegation, the Chairmen of the National Conference of State 
     Legislatures, the Council of State Governments and the 
     American Legislative Exchange Council, and the presiding 
     officers of both Houses of the Legislatures of each of the 
     other States in the Union.''

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