[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Pages 6950-6951]
[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-46. A resolution adopted by the Senate of the 
     Legislature of the Northern Marianas Commonwealth relative to 
     an amendment to the Constitution of the United States 
     concerning Judicial taxation; to the Committee on the 
     Judiciary.

                      Senate Resolution No. 12-33

       Whereas, the 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 law, 
     not to create law; and
       Whereas, our present federal government has strayed from 
     the interest of our founding fathers and the United States 
     Constitution through inappropriate federal mandates; and
       Whereas, these mandates by the way of statute, rule or 
     judicial decision have forced state governments to serve as 
     the mere administrative arm of the federal government; and
       Whereas, the 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 United states 
     Constitution 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 chose, such representatives being directly responsible 
     and accountable to those who have elected them; and
       Whereas, the lawmakers of the Commonwealth of the Northern 
     Mariana Islands have petitioned the United states Congress to 
     propose an amendment to the Constitution of the United States 
     of America; and
       Whereas, the amendment was previously introduced in 
     Congress; and
       Whereas, the amendment seeks to prevent federal courts from 
     levying or increasing taxes without representation of the 
     people against the people's wishes: Now, therefore, be it
       Resolved by the Senate of the Twelfth Northern Marianas 
     Commonwealth Legislature:
       1. That the Congress of the United states 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 political subdivision thereof, or an 
     official of such state or subdivision to levy or increase 
     taxes.''
       2. That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States.
       3. That the legislature of the Northern Mariana Islands 
     also proposes that the legislatures of each of the several 
     states comprising the United States that have not yet made a 
     similar request apply to the United States Congress 
     requesting enactment of an appropriate amendment to the 
     United States Constitution, and apply to the United States 
     congress to propose such an amendment to the United States 
     Constitution; and be it further
       Resolved, That the President of the Senate shall certify 
     and the Senate Legislative Secretary shall attest to the 
     adoption of this resolution and certified copies shall 
     thereafter be transmitted to the President and Vice President 
     of the United States, the Speaker of the United States House 
     of Representatives, the presiding officer in each house of 
     the legislature in each of the States in the Union; President 
     Pro Temp of the United States Senate, and to the Honorable 
     Pedro P. Tenorio, Governor of the Commonwealth of the 
     Northern Mariana Islands.
                                  ____

       POM-47. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to Airfare 
     Pricing; to the Committee on Commerce, Science, and 
     Transportation.

                        House Resolution No. 63

       Whereas, In recent years, mergers among airlines have 
     significantly changed air transportation throughout our 
     country. There are two pending mergers involving major 
     carriers that, if completed, will result in two airlines 
     controlling half of the entire United States airline market; 
     and
       Whereas, While there have been increasing concerns over the 
     quality of air services, the prospect of even more 
     communities facing a market situation with little or no 
     competition has many observers calling for actions that would 
     ensure that there is fairness in pricing and acceptable 
     standards of performance. Certain communities and regions of 
     the country face the possibility of losing air services 
     entirely or dealing with prices that do not have to respond 
     to competition; and
       Whereas, Our nation's air transportation network represents 
     an enormous investment and a public-private partnership 
     through the airports, air traffic control systems, and 
     infrastructures that are maintained; and
       Whereas, There are discussions underway in congress and in 
     the United States Justice Department on the impact of 
     mergers, whether or not airlines are fulfilling previous 
     agreements, and relevant antitrust issues. These discussions 
     need to include serious consideration of airfare pricing, 
     particularly in areas where little or no competition exists: 
     Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the

[[Page 6951]]

     United States to investigate airfare pricing, especially in 
     markets where mergers have eroded competition; 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-48. A joint resolution adopted by the Legislature of 
     the State of Montana relative to federal weed control 
     programs and the procurement of federal weed control funds; 
     to the Committee on Agriculture, Nutrition, and Forestry.

                            Joint Resolution

       Whereas, noxious weeds are invasive species that are very 
     difficult to contain or eliminate once they are established; 
     and
       Whereas, noxious weeds are invading Montana's rangeland, 
     forest land, waterways, cities, towns, private lands, and 
     public lands, including National Parks and monuments; and
       Whereas, noxious weeds replace native species on lands 
     regardless of land ownership and land ownership boundaries; 
     and
       Whereas, Montana's citizens and Legislature have made 
     significant contributions and commitments toward reducing the 
     acreage infested by noxious weeds and controlling any new 
     invasions; and
       Whereas, current working agreements between public land 
     management agencies and country weed districts and other 
     local groups are generally successful in addressing the 
     control or containment of noxious weeds on public lands; and
       Whereas, noxious weeds are a continuous problem that must 
     be addressed on an annual basis and are never truly 
     eradicated from the ecosystem; and
       Whereas, public land management agencies should, at a 
     minimum, contribute financially to the control of noxious 
     weeds in Montana: Now, therefore be it
       Resolved by the Senate and the House of Representatives of 
     the State of Montana, That the federal government be strongly 
     urged to:
       (1) enter into agreements with local groups and agencies to 
     promote the control of noxious weeds in a manner that 
     addresses locally identified priorities;
       (2) continue to provide funding for local weed control 
     programs on an annual and continuing basis; and
       (3) provide assistance in helping local groups and agencies 
     access federal weed control programs and procure available 
     federal weed control funds. Be it further
       Resolved, That copies of this resolution be sent by the 
     Secretary of State to the President of the United States, the 
     Vice President of the United States, the Secretary of 
     Agriculture, the Secretary of the Interior, the presiding 
     officers of the Appropriations Committees of the U.S. Senate 
     and U.S. House of Representatives, the Montana Congressional 
     Delegation, the Chief of the Forest Service, the Director of 
     the Bureau of Reclamation, and the Director of the bureau of 
     Land Management.
                                  ____

       POM-49. A joint resolution adopted by the Legislature of 
     the State of Montana relative to Montana's Yellowstone and 
     Missouri River Basins; to the Committee on Environment and 
     Public Works.

                            Joint Resolution

       Whereas, Montana lost 590,000 acres of land to reservoir 
     flooding under the Pick-Sloan plan, as set out in the federal 
     Flood Control Act of 1944, and was in return promised 
     1,313,930 acres of new irrigation, but only 76,200 acres were 
     ever developed for irrigation under the plan; and
       Whereas, over 16,500,000 acre-feet of water leave Montana 
     annually in the Missouri and Yellowstone Rivers--water that 
     is abundant but underused in this time of need for growth in 
     Montana; and
       Whereas, Montana's conservation districts have reserved 
     over 853,000 acre-feet of water for new irrigation 
     development, and the state has completed water rights 
     compacts with several tribes that enable tribes to develop 
     many acres of new irrigation as well; and
       Whereas, Montana's agricultural sector continues to shrink 
     along with the population of rural communities; and
       Whereas, Montana consumes less than 30% of the hydropower 
     that is generated in the state under the Pick-Sloan plan; and
       Whereas, Montana's Vision 2005 program identified the goal 
     of doubling the value of irrigated agriculture by the year 
     2005 by developing 500,000 acres of new irrigation, which is 
     less than one-half of the number of acres promised under the 
     Pick-Sloan plan; and
       Whereas, costs for power may double or triple, and without 
     low-cost power, it will become impossible to irrigate new 
     lands and even existing irrigated lands identified in the 
     original Pick-Sloan plan; and
       Whereas, agriculture is Montana's largest industry, and any 
     increase in values from irrigation would benefit the entire 
     state and region: Now, therefore, be it
       Resolved by the Senate and the House of Representatives of 
     the State of Montana, That the federal government be strongly 
     urged to:
       (1) assist the efforts of the Lower Yellowstone 
     Conservation District Development Committee in obtaining the 
     promised benefits of the Pick-Sloan Missouri River plan, as 
     set out in the federal Flood Control Act of 1944; and
       (2) assist the efforts of the Lower Yellowstone 
     Conservation District Development Committee in drafting and 
     passing the proposed federal Montana Water Resources Act, 
     which will outline benefits promised in the Flood Control Act 
     that are needed to sustain existing irrigation and the 
     development of new irrigation throughout Montana's 
     Yellowstone and Missouri River basins. Be it further
       Resolved, That the Secretary of State send copies of this 
     resolution to the President of the United States, the Vice 
     President of the United States, the Secretary of the United 
     States Department of Agriculture, the Secretary of the 
     Interior, the presiding officers of the Energy and Natural 
     Resources Committees of the United States Senate and House of 
     Representatives, the Montana Congressional Delegation, and 
     the Commissioner of the federal Bureau of Reclamation.

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