[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Pages S8481-S8482]
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-511. A resolution adopted by the House of the 
     Legislature of the State of Louisiana; to the Committee on 
     the Judiciary.

                        House Resolution No. 120

       Whereas, Article III, Section 1 of the Constitution of the 
     United States, provides in part that ``. . . The Judges, both 
     the supreme and inferior Courts, shall hold their Offices 
     during good Behaviour, . . .''; and
       Whereas, this clause has been interpreted to mean that ``. 
     . . (a) person appointed to office of United States district 
     judge becomes entitled to draw salary of office so long as he 
     continues to ``hold office'', and he ``holds office'' until 
     he voluntarily relinquishes it or is ousted by impeachment or 
     death.'' Johnson v. U.S., 79 F. Supp. 208 (1948); and
       Whereas, this clause has been further interpreted to mean 
     ``. . . Judges of federal ``constitutional'' courts which 
     have been invested with the judicial power of the United 
     States pursuant to this article are guaranteed life tenure 
     during good behavior and compensation which may not be 
     reduced during their term of office. . . .'' Montanez v. 
     U.S., 226 F. Supp. 593 (1964) affirmed 371 F.2d. 79; and
       Whereas, the system appears to still maintain an 
     independent judiciary uninfluenced by undue public pressure 
     in the inferior federal courts in which judges are not 
     granted life tenure; and
       Whereas, a common complaint that the public makes about 
     federal district judges is that they are not accountable to 
     the people because of this life tenure; and
       Whereas, this public complaint continues that these judges, 
     because of their insulation and isolation after a certain 
     length of time in office, lose touch with the problems facing 
     and feelings of the majority of the American people; and
       Whereas, state district, appellate, and supreme court 
     justices in Louisiana have specific limited terms of office, 
     as do other inferior federal courts, such as bankruptcy 
     judges whose term is fourteen years; and
       Whereas, this constitutional amendment would not give the 
     people the right to vote for a federal judge, but only the 
     right to voice their opinion on whether the appointment of 
     federal district judges should be for a limited term short of 
     life tenure; and
       Whereas, the system appears to still maintain an 
     independent judiciary uninfluenced by undue public pressure 
     in the inferior federal courts in which judges are not 
     granted life tenure; and
       Whereas, Article V of the Constitution of the United States 
     provides that an amendment to the constitution may be 
     proposed by congress which shall become part of the 
     constitution when ratified by three-fourths of the several 
     states. Therefore, be it
       Resolved, That the House of Representatives of the 
     Legislature of Louisiana does hereby urge and request the 
     Congress of the United States to propose an amendment to the 
     Constitution of the United States, for submission to the 
     states for ratification, to provide for election of members 
     of the federal judiciary. Be it further
       Resolved, That certified copies of this Resolution be 
     transmitted by the secretary of state of the president and 
     the secretary of the United States Senate, to the speaker and 
     clerk of the United States House of Representatives, to each 
     member of this state's delegation to the congress and to the 
     presiding officer of each state legislature in the United 
     States.
                                  ____

       POM-512. A concurrent resolution adopted by the Legislature 
     of the State of Michigan; to the Committee on Commerce, 
     Science, and Transportation.

                   House Concurrent Resolution No. 60

       Whereas, in an amazingly short time, the Internet has 
     become a key means of communicating in this country. It is 
     already a prominent vehicle for doing business through 
     selling goods and services and providing information leading 
     to commercial transactions. The business value of selling 
     access to the Internet is in itself a multi-billion-dollar 
     enterprise. The growth projections for the Internet and for 
     its impact on commerce are very high; and
       Whereas, as with any new aspect of commerce, there are 
     numerous tax implications associated with the Internet. The 
     new technology and capabilities can be used to avoid local 
     taxes. Numerous transactions involve automatic transfers of 
     money for goods and services. Borders and jurisdictions have 
     become far less significant in this new marketplace; and
       Whereas, with the rise of the Internet, state and local 
     policymakers have suggested various ways to tax this 
     activity. Some states have explored telecommunications taxes 
     and taxes on Internet service providers. Industry observers 
     are concerned that implementing a ``modem tax'' could disrupt 
     the development of a new tool for commerce and economic 
     development; and
       Whereas, with the complexity of issues involved and the 
     constant changes in this new technology as it takes shape, 
     imposing taxes specific to the Internet would likely be 
     harmful. Any possible gains in revenues would be more than 
     offset by long-term changes in the evolution of the Internet. 
     Greed should not drive policy or taxation decisions; now, 
     therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That we memorialize the Congress of the United 
     States to enact legislation to create a moratorium on new 
     national, state, and local taxes on the Internet; 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.
                                  ____

       POM-513. A resolution adopted by the House of the 
     Legislature of the State of Michigan; to the Committee on 
     Finance.

                        House Resolution No. 240

       Whereas, the federal income tax system includes deductions 
     and credits for a wide variety of personal and business 
     expenses. These exceptions from certain calculations of 
     taxation reflect public policy values that elected officials 
     have established over many years; and
       Whereas, in determining federal tax liability, most state 
     and local taxes are deductible, including income taxes and 
     property taxes. These policies recognize the value of taxes 
     paid to finance state and local government activities. For 
     many years, state sales taxes were also deductible. Federal 
     tax laws were changed in 1986 to discontinue the 
     deductibility of state sales taxes; and
       Whereas, it is inconsistent for the federal government to 
     allow citizens to deduct some taxes paid for state and local 
     government, such as property and income taxes, and not allow 
     deductions for state sales taxes. State sales taxes, in 
     Michigan as elsewhere, finance the same types of public 
     purpose programs financed through other state and local taxes 
     that are fully deductible. The current situation is very 
     inconsistent and frustrating to taxpayers across our state 
     and throughout the country; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact and 
     the President to sign legislation to allow state sales taxes 
     to be deductible from federal income taxes and be it further
       Resolved, That copies of this resolution be transmitted 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 Michigan 
     congressional delegation.
                                  ____

       POM-514. A resolution adopted by the General Assembly of 
     the Legislature of the State of New Jersey; to the Committee 
     on Indian Affairs.

                       Assembly Resolution No. 13

       Whereas, during 1980's, certain Indian tribes began to 
     conduct significant amounts of gambling on reservations and 
     other land held in trust for the tribes by the federal 
     government; and
       Whereas, this activity was largely unregulated by the 
     federal government and beyond the reach of state law, and
       Whereas, the vast sums of money generated from gambling by 
     the mostly non-Indian patrons of Indian bingo halls and 
     casinos raised concerns about the risk of corruption 
     especially by organized crime influences; and
       Whereas, Congress responded to these concerns in 1988 by 
     enacting the Indian Gaming Regulatory Act which attempted to 
     provide a regulatory framework that balanced the interests of 
     the federal government, the States and the tribes; and
       Whereas, that act did not adequately address many of the 
     issues raised by Indian gaming and permitted the continued 
     proliferation of poorly-regulated gaming facilities; and
       Whereas, under the existing statutory scheme it may be 
     possible for the Delaware

[[Page S8482]]

     Indians of Western Oklahoma, a group which has had no nexus 
     with the State of New Jersey for over a century, to gain 
     control over, and operate a casino on, a site in Wildwood, 
     New Jersey; and
       Whereas, this proposed casino would not be subject to 
     regulation or taxation by this State and would directly 
     compete with Atlantic City's casinos and other forms of 
     legalized gambling; and
       Whereas, H.R. 334 of 1997, the ``Fair Indian Gaming Act,'' 
     would close many of the loopholes in the existing federal law 
     and address the risk of corruption by enhancing federal and 
     State regulation of gambling conducted by Indian tribes; now, 
     therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress of the United States is respectfully 
     memorialized to enact H.R. 334 of 1997, the ``Fair Indian 
     Gaming Act,'' into law.
       2. A copy of this resolution, signed by the Speaker of the 
     General Assembly and attested by the Clerk thereof, shall be 
     transmitted to the Vice-President of the United States, the 
     Speaker of the House of Representatives, and every member of 
     Congress elected from this State.

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