[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Page 12844]
[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-124. A resolution adopted by the Senate of the State of 
     Michigan relative to the armed Forces Tax Fairness Act of 
     2003; to the Committee on Finance.

                        Senate Resolution No.65

       Whereas, Under the provisions of the Taxpayer Relief Act of 
     1997, home sellers are relieved of the obligation to pay 
     taxes on capital gains of up to $250,000 ($500,000 per 
     couple), if they have owned and occupied their home for at 
     least two of the five years before the sale. This historic 
     legislation made the federal tax code fairer and more 
     equitable for millions of American taxpayers; and
       Whereas, A glaring inequity in the tax code, however, 
     affects a number of those who serve our nation as military 
     personnel and who leave their homes on extended assignment. 
     These brave men and women may be penalized for their selfless 
     service on behalf of the American people and our allies. Many 
     are unable to take advantage of the capital gains tax relief 
     afforded ordinary citizens because their call to overseas 
     duty may prevent them from physically occupying their homes 
     for the required period of time; and
       Whereas, Two measures currently before the 108th Congress 
     (H.R. 1307 and S. 351) propose ending the injustice of the 
     Taxpayer Relief Act's limitation regarding extended overseas 
     military service. The Armed Forces Tax Fairness Act of 2003 
     would, in part, extend the five-year period used in 
     calculating the full exemption for capital gain to ten years 
     for persons engaged in qualified official extended duty in 
     military or foreign service. This legislation will help 
     assure that those who so proudly serve our nation will not be 
     disserviced by its tax code: Now, therefore, be it
       Resolved by the Senate, That the United States Congress be 
     memorialized to enact the Armed Forces Tax Relief Act of 
     2003; and be it further
       Resolved, That copies of this resolution be presented to 
     the Speaker of the United States House of Representatives, 
     the President of the United States Senate, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-125. A concurrent resolution passed by the Legislature 
     of the State of Arizona relative to rescinding all of 
     Arizona's previous calls for a constitutional convention to 
     amend the Constitution of the United States, received on May 
     15, 2003; to the Committee on the Judiciary.

                   Senate Concurrent Resolution 1022

       Whereas, the Legislature of the State of Arizona, acting 
     with the best of intentions, has in the past applied to the 
     Congress of the United States by memorial or resolution in 
     accordance with article V, Constitution of the United States, 
     for one or more constitutional conventions for the purpose of 
     amending the Constitution of the United States; and
       Whereas, over the course of time, the will of the people of 
     the State of Arizona has changed with regards to Arizona's 
     previous calls for a constitutional convention to amend the 
     Constitution of the United States; and
       Whereas, certain persons or states have called for a 
     constitutional convention on issues that may be directly in 
     opposition to the will of the people of this state; and
       Whereas, the people of this state do not want their 
     previous applications for a constitutional convention to be 
     aggregated with those calls for a convention from other 
     states; and
       Whereas, former Justice of the United States Supreme Court 
     Warren E. Burger, former Associate Justice of the United 
     States Court Arthur J. Goldberg and many other leading 
     constitutional scholars are in general agreement that a 
     convention, notwithstanding whatever limitation might be 
     placed on it by the call for a convention, may propose 
     sweeping constitutional changes or, by virtue of the 
     authority of a constitutional convention, redraft the 
     Constitution of the United States creating an imminent peril 
     to the well established rights of citizens and to the duties 
     of various levels of government; and
       Whereas, the Constitution of the United States has been 
     amended many times in the history of this nation and may be 
     amended many more times without the need to resort to a 
     constitutional convention, and has been intercepted for more 
     than two hundred years and found to be a sound document that 
     protects the lives and liberties of citizens; and
       Whereas, there is no need for, and in fact there is great 
     danger in, a new constitution or in opening the Constitution 
     of the United States racial changes, the adoption of which 
     could create legal chaos in this nation and begin the process 
     of another two centuries of litigation over its meaning and 
     interpretation: and
       Whereas, changes or amendments that may be needed in the 
     present Constitution of the United States may be proposed and 
     enacted without resorting to a constitutional convention by 
     using the process provided in the Constitution and previously 
     used throughout the history of this nation: Therefore be it
       Resolved by the Senate of the State of Arizona, the House 
     of Representatives concurring:
       1. That the Legislature of the State of Arizona hereby 
     repeals; rescinds, cancels, renders null and void and 
     supersedes any and all existing applications to the Congress 
     of the United States for a constitutional convention under 
     Article V of the Constitution of the United States for any 
     purpose, whether limited or general.
       2. That the Legislature of the State of Arizona urges the 
     legislature of each and every state that has applied to 
     Congress for either a general or limited constitutional 
     convention to repeal and rescind their applications.
       3. That the Secretary of State of the State of Arizona 
     transmit copies of this resolution to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the Administrator of General Services in 
     Washington, DC., each Member of Congress from the State of 
     Arizona and the Secretaries of State and presiding officers 
     of both houses of the legislation of each state in the Union.

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