0001|                        HOUSE JOINT MEMORIAL 42
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                              FRANK BIRD
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                           A JOINT MEMORIAL
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0011|     REQUESTING AN AMENDMENT TO THE UNITED STATES CONSTITUTION ON
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0012|     THE SUBJECT OF JUDICIAL TAXATION.
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0013|     
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0014|          WHEREAS, separation of powers is fundamental to the United
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0015|     States constitution and the power of the federal government is
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0016|     strictly limited; and
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0017|          WHEREAS, under the United States constitution, the states
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0018|     are to determine public policy; and
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0019|          WHEREAS, it is the duty of the judiciary to interpret the
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0020|     law, not to create law; and
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0021|          WHEREAS, our present federal government has strayed from
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0022|     the intent of our founding fathers and the United States
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0023|     constitution through inappropriate federal mandates; and
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0024|          WHEREAS, these mandates by way of statute, rule or
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0025|     judicial decision have forced state governments to serve as
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0001|     mere administrative arms of the federal government; and 
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0002|          WHEREAS, federal district courts, with the acquiescence of
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0003|     the United States supreme court, continue to order states to
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0004|     levy or increase taxes to comply with federal mandates; and
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0005|          WHEREAS, these court actions violate the United States
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0006|     constitution and the legislative process; and
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0007|          WHEREAS, the time has come for the people of this great
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0008|     nation and their duly elected representatives in state
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0009|     government to reaffirm, in no uncertain terms, that the
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0010|     authority to tax under the United States constitution is
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0011|     retained by the people who, by their consent alone, do delegate
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0012|     such power to tax explicitly to those duly elected
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0013|     representatives in the legislative branch of government they
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0014|     choose, such representatives being directly responsible and
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0015|     accountable to those who have elected them; and
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0016|          WHEREAS, several states have petitioned congress to
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0017|     propose an amendment to the United States constitution; and
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0018|          WHEREAS, the amendment was previously introduced in
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0019|     congress; and
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0020|          WHEREAS, the amendment seeks to prevent federal courts
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0021|     from levying or increasing taxes without representation of the
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0022|     people and against the people's wishes;
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0023|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0024|     STATE OF NEW MEXICO that congress be requested to prepare and
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0025|     submit to the several states an amendment to the United States
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0001|     constitution to add a new article providing as follows:
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0002|          "Neither the Supreme Court nor any inferior court of the
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0003|     United States shall have the power to instruct or order a state
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0004|     or a political subdivision thereof, or an official of such a
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0005|     state or political subdivision, to levy or increase taxes.";
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0006|     and
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0007|          BE IT FURTHER RESOLVED that this application constitute a
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0008|     continuing application in accordance with Article V of the
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0009|     United States constitution; and
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0010|          BE IT FURTHER RESOLVED that the legislature of New Mexico
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0011|     also propose that the legislatures of each of the several
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0012|     states comprising the United States that have not yet made
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0013|     similar request apply to congress requesting passage of an
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0014|     appropriate amendment to the United States constitution, and
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0015|     apply to congress to propose such an amendment to the United
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0016|     States constitution; and 
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0017|          BE IT FURTHER RESOLVED that copies of this memorial be
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0018|     transmitted to the president and vice president of the United
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0019|     States, the presiding officer in each house of legislature in
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0020|     each of the states in the union, the speaker of the United
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0021|     States house of representatives, the president of United States
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0022|     senate and each member of the New Mexico congressional
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0023|     delegation.
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0024|                                                         State of New Mexico
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0025|                      House of Representatives
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0001|   
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0002|                      FORTY-THIRD LEGISLATURE
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0003|                        FIRST SESSION, 1997
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0004|   
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0005|   
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0006|                                                   March 4, 1997
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0007|   
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0008|   
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0009|   Mr. Speaker:
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0010|   
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0011|        Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0012|   been referred
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0013|   
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0014|                   HOUSE JOINT MEMORIAL 42
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0015|                               
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0016|   has had it under consideration and reports same with
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0017|   recommendation that it DO PASS, and thence referred to the
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0018|   JUDICIARY COMMITTEE.
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0019|   
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0020|                                 Respectfully submitted,
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0021|   
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0022|   
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0023|   
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0024|                                                                 
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0025|   
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0001|                                                              Edward C. Sandoval, Chairman
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0002|   
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0003|   
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0004|   Adopted                          Not Adopted                     
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0005|    
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0006|             (Chief Clerk)                       (Chief Clerk)
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0007|   
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0008|                        Date             
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0009|   
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0010|   The roll call vote was 8  For 0  Against
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0011|   Yes:      8
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0012|             Excused:  Coll, Lujan, Nicely, Sanchez
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0013|             Absent:   None
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0014|   
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0015|   
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0016|   G:\BILLTEXT\BILLW_97\HJ042
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