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4434Type of Legislation: Concurrent Resolution CRIntroducing Body: HouseIntroduced Date: 20000113Primary Sponsor: HaskinsAll Sponsors: Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and TaylorDrafted Document Number: l:\council\bills\skb\18116som00.docDate Bill Passed both Bodies: 20000601Subject: Taxation, to amend U.S. Constitution so courts may not order state or political subdivision to levy or increaseHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000601 Received from Senate Senate 20000601 Adopted, returned with concurrence Senate 20000531 Recalled from Committee, 11 SJ placed on the Calendar Senate 20000309 Introduced, referred to Committee 11 SJ House 20000308 Adopted, sent to Senate House 20000307 Committee report: Favorable 24 HIMR House 20000113 Introduced, referred to Committee 24 HIMR Versions of This Bill Revised on March 7, 2000 - Word format Revised on May 31, 2000 - Word format
May 31, 2000
Introduced by Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor
S. Printed 5/31/00--S.
Read the first time March 9, 2000.
TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
Whereas, separation of powers is fundamental to the United States Constitution 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, not to create 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, 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, in violation of the United States Constitution and the legislative process; and
Whereas, the time has come for the people of this nation and their elected representatives in state government to reaffirm that the authority to tax under the Constitution of the United States is retained by the people who, by their consent alone, do delegate such power to tax explicitly to those elected representatives in the legislative branch of government whom they choose, and that the representatives are directly responsible and accountable to those who have elected them; and
Whereas, several states have petitioned the United States Congress to propose an amendment to the Constitution of the United States of America which was previously introduced in 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 House of Representatives, the Senate concurring:
That the Congress of the United States is hereby memorialized to amend the Constitution of the United States and submit to the states for ratification an amendment which adds 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 political subdivision thereof, or an official of such a state or political subdivision, to levy or increase taxes."
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
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