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F I S C A L I M P A C T R E P O R T
| SPONSOR: |
Vernon |
DATE TYPED: |
02/10/00 |
HB |
|
| SHORT TITLE: |
Judicial Taxation |
SB |
SJR 13 |
|
ANALYST: |
Dunbar |
APPROPRIATION
| Appropriation Contained
|
Estimated Additional Impact
|
Recurring
or Non-Rec |
Fund
Affected |
| FY00 |
FY01 |
FY00 |
|
|
|
See Narrative |
|
|
|
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
SUMMARY
Synopsis of Bill
SJR 13 requests the US congress to prepare and submit to the several states the following
amendment to the U S constitution:
"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."
The bill further notes that:
- 付his application constitutes a continuing application in accordance with Article 5 of the US
constitution.
- 付hat legislatures of the several states that have not made a similar application be requested
to apply to the US congress to prepare and submit the amendment to the states.
- 付hat copies of this resolution be transmitted to the president of the US, the presiding
officer of each house in each of the states, the speaker of the US house of representatives,
the president pro tempore of the US senate and each member of the NM congressional
delegation.
Significant Issues
SJR 13 affirms that:
- 付he separation of powers is fundamental to the constitution of the US .
- 埠nder the US constitution, the states are to determine public policy.
- 品t is the duty of the judiciary to interpret the law.
- 賓ur present federal government has strayed from the intent of our founding fathers and the
US constitution.
- 付hese mandates by way of statute, rule or judicial decision have forced state governments
to serve as the administrative arm of the federal government.
- 不ome federal districts courts with the acquiescence of the US supreme court continue to
order states to levy or increase taxes to comply with the federal mandates.
- 付hat these court actions violate the US constitution and the legislative process.
- 付hat several states, including Alabama, Alaska, Arizona, Colorado, Delaware, Louisiana,
Massachusetts. Michigan, Missouri, Nevada, New York, Oklahoma, South Dakota,
Tennessee and Utah, have petitioned the US congress to propose an amendment to the US
constitution.
- 付he amendment was previously introduced in the US congress.
- 付he amendment seeks to prevent federal courts from levying or increasing taxes without
representation of the people.
BD/njw