[Congressional Record (Bound Edition), Volume 146 (2000), Part 18]
[Senate]
[Page 26635]
[From the U.S. 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-642. A concurrent resolution adopted by the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     levying or increasing of taxes; to the Committee on the 
     Judiciary.

                               Resolution

       Whereas, Separation of powers is fundamental to the 
     Constitution of the United States, and the power of the 
     Federal Government is strictly limited; and
       Whereas, Under the Constitution of the United States, 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 Constitution of 
     the United States 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; and
       Whereas, these court actions violate the Constitution of 
     the United States and the legislative process; and
       Whereas, The time has come for the people of this great 
     nation and their duly elected representatives in State 
     government to reaffirm in no uncertain terms 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 duly elected 
     representatives in the legislative branch of government whom 
     they choose, such representatives being directly responsible 
     and accountable to those who have elected them; and
       Whereas, Several states have petitioned the Congress of the 
     United States to propose an amendment to the Constitution of 
     the United States; and
       Whereas, As previously introduced in Congress, the 
     amendment seeks to prevent Federal courts from levying or 
     increasing taxes without representation of the people and 
     against the people's wishes; therefore be it
       Resolved (the House of Representatives concurring), That 
     the Congress prepare and submit to the several states an 
     amendment to the Constitution of the United States to add a 
     new article providing as follows: ``Neither the Supreme Court 
     nor any inferior court of the United States shall have the 
     power to instruct or order a state or a political 
     subdivision, to levy or increase taxes''; and be it further
       Resolved, That this application constitute a continuing 
     application in accordance with Article V of the Constitution 
     of the United States; and be it further
       Resolved, That the General Assembly of the Commonwealth of 
     Pennsylvania also propose that the legislatures of each of 
     the several states comprising the United States, that have 
     not yet made a similar request, apply to the Congress 
     requesting enactment of an appropriate amendment to the 
     Constitution of the United States and apply to the Congress 
     to propose such an amendment to the Constitution of the 
     United States; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President and Vice President of the United States, to the 
     presiding officers of each house of Congress, to the 
     presiding officers of each house of Legislature in each of 
     the states in the union and to each member of Congress from 
     Pennsylvania.

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