[Congressional Record Volume 143, Number 31 (Wednesday, March 12, 1997)]
[Senate]
[Pages S2205-S2206]
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-41. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan; to the Committee on 
     Governmental Affairs.

                        Senate Resolution No. 18

       Whereas, in spite of the constitutional recognition of the 
     authority of states, Congress, using its authority to 
     regulate commerce among the states, has repeatedly preempted 
     state laws. Congressional actions affecting state laws 
     involve many issues, including health, transportation, 
     communications, banking, environment, and civil justice. 
     These actions have reduced the states' ability to respond to 
     local needs; and
       Whereas, more than half of all federal laws preempting 
     states have been enacted by Congress since 1969. This trend 
     has intensified an erosion of state power that leaves an 
     essential part of our constitutional structure--federalism--
     standing precariously; and
       Whereas, the United States Constitution anticipates that 
     our American federalism will allow differences among state 
     laws. This structure expects people to seek change through 
     their own state legislative bodies without federal 
     legislators from other states imposing national laws; and
       Whereas, the relationship between the states and the 
     federal government established in the ``Supreme Law of the 
     Land'' is predicated on the states having genuine authority 
     and powers not usurped at the federal level; and
       Whereas, less federal preemption means states can act as 
     laboratories for democracy and act on novel social and 
     economic policies without risk to the entire nation; and
       Whereas, during the 104th Congress, our federal lawmakers 
     considered legislation to provide specific mechanisms to help 
     protect the authority of the states. This legislation, known 
     as ``The Tenth Amendment Enforcement Act of 1996,'' would 
     have set in place mechanisms for all three branches of the 
     federal government to follow. For example, the legislative 
     branch would be required to include a statement of 
     constitutional authority and an expression of intent. The 
     executive branch agencies would be curbed from exceeding 
     their authority. The judicial branch would defer to state 
     laws where Congress is not clear in its intent to preempt; 
     and
       Whereas, legislation like the Tenth Amendment Enforcement 
     Act of 1996 addresses fundamental issues of federalism and is 
     timely and needed. Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact legislation to provide for the 
     enforcement of the Tenth Amendment to the United States 
     Constitution; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
       Adopted by the Senate, February 26, 1997.
                                                                    ____

       POM-42. A Joint Resolution adopted by the Legislature of 
     the State of Wyoming; to the Committee on the Judiciary.

                         Joint Resolution No. 2

       Whereas, the annual federal budget has not been balanced 
     since 1969, and the federal public debt is now more than five 
     trillion dollars or twenty thousand dollars for every man, 
     woman, and child in America; and
       Whereas, continued deficit spending demonstrates an 
     unwillingness or inability of both the federal executive and 
     legislative branches to spend no more than available 
     revenues; and
       Whereas, fiscal irresponsibility at the federal level is 
     lowering our standard of living, destroying jobs, and 
     endangering economic opportunity now and for the next 
     generation; and
       Whereas, the federal government's unlimited ability to 
     borrow raises questions about fundamental principles and 
     responsibilities of government, with potentially profound 
     consequences for the nation and its People, making it an 
     appropriate subject for limitation by the Constitution of the 
     United States; and
       Whereas, the Constitution of the United States vests the 
     ultimate responsibility to approve or disapprove 
     constitutional amendments with the People, as repesented by 
     their elected State Legislatures; and opposition by a small 
     minority repeatedly has thwarted the will of the People that 
     a Balanced Budget Amendment to the Constitution should be 
     submitted to the States for ratification; and
       Whereas, the Legislature of the State of Wyoming prefers 
     that a constitutional convention not be called to address 
     this issue and the implementation of this resolution by 
     Congress will effectively eliminate the necessity for such a 
     convention: Now, therefore, be it
       Resolved by the members of the Legislature of the State of 
     Wyoming, That the Congress of the United States expeditiously 
     pass, and propose to the Legislatures of the several States 
     for ratification, an amendment to the Constitution of the 
     United States requiring in the absence of a natinoal 
     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; be it 
     further
       Resolved, That the Secretary of State 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 Wyoming Congressional Delegation, 
     and the Secretary of State and the presiding officers of both 
     Houses of the Legislatures of each of the other States in the 
     Union.
                                                                    ____

       POM-43. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan; to the Committee on the 
     Judiciary.

                        Senate Resolution No. 14

       Whereas, the continuing practice of annual budget deficits 
     has severely hampered our nation's economy. In the years 
     since Congress and the President last provided a balanced 
     federal budget in 1969, our country's debt has skyrocketed. 
     As a result, we must direct badly needed tax dollars to 
     paying interest on our debt instead of utilizing tax dollars 
     to their fullest capability and, ultimately, reducing the tax 
     burden facing our citizens and businesses; and
       Whereas, there are a host of benefits to our country to be 
     gained from a balanced budget constitutional amendment. With 
     less demand on credit, interest rates would decline. This 
     would enable individuals to attain worthwhile goals for 
     themselves and their families. Money for homes, cars, and 
     higher education would be more readily available. With the 
     added potential for investment, businesses could expand to 
     provide more and better jobs. Many of the budgetary questions 
     that cloud our future would be answered as we channel funds 
     to far more rewarding endeavors than paying interest on a 
     continual escalation of debt; and
       Whereas, the American people, who are accustomed to their 
     state and local governments throughout almost the entire 
     country having to balance their annual budgets, are in favor 
     of similar responsibility in the federal government: Now, 
     therefore, be it

[[Page S2206]]

       Resolved by the Senate, That we memorialize the Congress of 
     the United States to pass and submit to the states for 
     ratification a proposed amendment to the Constitution of the 
     United States to require a balanced federal budget with 
     Social Security and Medicare removed from consideration so 
     long as the funds in those programs are guaranteed and are 
     not used to offset, or otherwise be made to serve as 
     collateral for, debt expenditure elsewhere in the federal 
     budget; and be it further
       Resolved, That we urge that the proposed balanced budget 
     amendment provide for line item veto for cutting 
     appropriations as measures to achieve a balanced budget; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation. Adopted by the Senate, 
     February 27, 1997.
                                                                    ____

       POM-44. A concurrent resolution adopted by the House of the 
     Legislature of the State of South Dakota; to the Committee on 
     Rules and Administration.

                  House Concurrent Resolution No. 1006

       Whereas, the expenditures for election campaigns for 
     Congress have been rising each election year; and
       Whereas, the State of South Dakota just experienced an 
     election campaign for the position of United States Senator 
     where the candidates spent eight million dollars on campaign 
     expenses and bombarded our citizens with campaign 
     advertisements for a year prior to the election; and
       Whereas, despite the huge cost of this election in South 
     Dakota, it is a mere drop in the bucket when compared to 
     similar elections in more heavily populated states; and
       Whereas, the increasing cost of Congressional elections has 
     led to a never-ending solicitation by candidates for 
     contributions from businesses, political action committees, 
     and individuals; and
       Whereas, these high campaign expenditures and the 
     corresponding need for campaign contributions has given the 
     voters of the State of South Dakota and the nation the 
     perception that campaign contributions buy influence in 
     Congress; and
       Whereas, these expenditures and contributions tarnish the 
     image of representative government and fuel voter apathy; and
       Whereas, the Congress must pass meaningful election finance 
     campaign reform to help restore voter confidence in our 
     federal election process: Now, therefore, be it
       Resolved, by the House of Representatives of the Seventy-
     Second Legislature of the State of South Dakota, the Senate 
     concurring therein, That the Congress of the United States 
     pass election campaign finance reform which would call for 
     campaign expenditure limits on each candidate for the United 
     States House of Representatives and on each candidate for the 
     United States Senate; and be it further
       Resolved, That the Congress of the United States should 
     also provide in such legislation for campaign limits on in-
     kind contributions for each candidate for the United States 
     House of Representatives and for each candidate for the 
     United States Senate; and be it further
       Resolved, That copies of this Resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     House of Representatives of the United States, and each 
     Member of the South Dakota Congressional Delegation.

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