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