PRINTER'S NO. 722
No. 47 Session of 1999
INTRODUCED BY GREENLEAF, WAUGH, WENGER, WOZNIAK, SLOCUM AND
HOLL, MARCH 24, 1999
REFERRED TO INTERGOVERNMENTAL AFFAIRS, MARCH 24, 1999
A CONCURRENT RESOLUTION
1 Requesting Congress submit to the several states an amendment to
2 the Constitution of the United States forbidding judicial
3 taxation.
4 WHEREAS, Separation of powers is fundamental to the
5 Constitution of the United States, and the power of the Federal
6 Government is strictly limited; and
7 WHEREAS, Under the Constitution of the United States, the
8 States are to determine public policy; and
9 WHEREAS, It is the duty of the judiciary to interpret the
10 law, not to create law; and
11 WHEREAS, Our present Federal Government has strayed from the
12 intent of our Founding Fathers and the Constitution of the
13 United States through inappropriate Federal mandates; and
14 WHEREAS, These mandates by way of statute, rule or judicial
15 decision have forced state governments to serve as the mere
16 administrative arm of the Federal Government; and
17 WHEREAS, Federal district courts, with the acquiescence of
18 the United State Supreme Court, continue to order states to levy
1 or increase taxes to comply with Federal mandates; and
2 WHEREAS, These court actions violate the Constitution of the
3 United States and the legislative process; and
4 WHEREAS, The time has come for the people of this great
5 nation and their duly elected representatives in State
6 government to reaffirm in no uncertain terms that the authority
7 to tax under the Constitution of the United States is retained
8 by the people, who by their consent alone do delegate such power
9 to tax explicitly to those duly elected representatives in the
10 legislative branch of government whom they choose, such
11 representatives being directly responsible and accountable to
12 those who have elected them; and
13 WHEREAS, Several states have petitioned the Congress of the
14 United States to propose an amendment to the Constitution of the
15 United States; and
16 WHEREAS, As previously introduced in Congress, the amendment
17 seeks to prevent Federal courts from levying or increasing taxes
18 without representation of the people and against the people's
19 wishes; therefore be it
20 RESOLVED (the House of Representatives concurring), That the
21 Congress prepare and submit to the several states an amendment
22 to the Constitution of the United States to add a new article
23 providing as follows:
24 Neither the Supreme Court nor any inferior court of the
25 United States shall have the power to instruct or order a
26 state or a political subdivision, to levy or increase
27 taxes;
28 and be it further
29 RESOLVED, That this application constitute a continuing
30 application in accordance with Article V of the Constitution of
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1 the United States; and be it further
2 RESOLVED, That the General Assembly of the Commonwealth of
3 Pennsylvania also propose that the legislatures of each of the
4 several states comprising the United States, that have not yet
5 made a similar request, apply to the Congress requesting
6 enactment of an appropriate amendment to the Constitution of the
7 United States and apply to the Congress to propose such an
8 amendment to the Constitution of the United States; and be it
9 further
10 RESOLVED, That copies of this resolution be transmitted to
11 the President and Vice President of the United States, to the
12 presiding officers of each house of Congress, to the presiding
13 officers of each house of Legislature in each of the states in
14 the union and to each member of Congress from Pennsylvania.
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