[Congressional Record Volume 146, Number 148 (Tuesday, December 5, 2000)]
[Senate]
[Page S11575]
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 
referred or ordered to lie on the table as indicated:

       POM-640. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     timber harvesting; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       POM-641. A concurrent resolution adopted by the House of 
     the Legislature of the State of South Carolina relative to 
     taxes; to the Committee on the Judiciary.

                         Concurrent Resolution

       Whereas, separation of powers is fundamental to the United 
     States Constitution and the power of the federal government 
     is strictly limited; and
       Whereas, under the United States Constitution, the states 
     are to determine public policy; and
       Whereas, it is the duty of the judiciary to interpret the 
     law, not to create law; and
       Whereas, our present federal government has strayed from 
     the intent of our founding fathers and the United States 
     Constitution through inappropriate federal mandates; and
       Whereas, these mandates by way of statute, rule, or 
     judicial decision have forced state governments to serve as 
     the mere administrative arm of the federal government; and
       Whereas, federal district courts, with the acquiescence of 
     the United States Supreme Court, continue to order states to 
     levy or increase taxes to comply with federal mandates, in 
     violation of the United States Constitution and the 
     legislative process; and
       Whereas, the time has come for the people of this nation 
     and their elected representatives in state government to 
     reaffirm that the authority to tax under the Constitution of 
     the United States is retained by the people who, by their 
     consent alone, do delegate such power to tax explicitly to 
     those elected representatives in the legislative branch of 
     government whom they choose, and that the representatives are 
     directly responsible and accountable to those who have 
     elected them; and
       Whereas, several states have petitioned the United States 
     Congress to propose an amendment to the Constitution of the 
     United States of America which was previously introduced in 
     Congress; and
       Whereas, the amendment 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 House of Representatives, the Senate 
     concurring; That the Congress of the United States is hereby 
     memorialized to amend the Constitution of the United States 
     and submit to the states for ratification an amendment which 
     adds a new article providing as follows: ``Neither to 
     instruct or order a state or political subdivision thereof, 
     or an official of such a state or political subdivision, to 
     levy or increase taxes.'' Be it further
       Resolved that a copy of this resolution be forwarded to the 
     United States Senate, the United States House of 
     Representatives, and to each member of the South Carolina 
     Congressional Delegation.

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