44th legislature - STATE OF NEW MEXICO - second session, 2000

APPLYING TO THE UNITED STATES CONGRESS TO PREPARE AND SUBMIT TO THE STATES AN AMENDMENT TO THE UNITED STATES CONSTITUTION RELATING TO THE SUBJECT OF JUDICIAL TAXATION.

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 United States constitution, the states are to determine public policy; and

WHEREAS, it is the duty of the judiciary to interpret the 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, some 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 United States constitution 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 who they choose, such representatives being directly responsible and accountable to those who have elected them; and

WHEREAS, several states, including Alabama, Alaska, Arizona, Colorado, Delaware, Louisiana, Massachusetts, Michigan, Missouri, Nevada, New York, Oklahoma, South Dakota, Tennessee and Utah, have petitioned the United States congress to propose an amendment to the United States constitution; and

WHEREAS, the amendment was previously introduced in the United States 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 LEGISLATURE OF THE STATE OF NEW MEXICO that the United States congress be requested to prepare and submit to the several states an amendment to the United States constitution 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 thereof, or an official of such a state or political subdivision, to levy or increase taxes."; and

BE IT FURTHER RESOLVED that this application constitute a continuing application in accordance with Article 5 of the United States constitution; and

BE IT FURTHER RESOLVED that the legislatures of the several states that have not yet made a similar application be requested to apply to the United States congress to prepare and submit the amendment to the states; and

BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the president and vice president of the United States, the presiding officer of each house in each of the states, the speaker of the United States house of representatives, the president pro tempore of the United States senate and each member of New Mexico's congressional delegation.