H-3053.1  _______________________________________________

                     HOUSE JOINT MEMORIAL 4022

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Lambert, Sheahan, Koster, D. Sommers, Mulliken and Thompson

Read first time 04/08/97.  Referred to Committee on Law & Justice.

Petitioning Congress and the President to support a Constitutional amendment to limit the federal judiciary's ability to increase taxes.

    TO THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    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; 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 Constitution of the United States 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 have petitioned the United States Congress to propose an amendment to the Constitution of the United States of America; and

    WHEREAS, The amendment 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, Your Memorialists respectfully pray that:

    (1) The Congress of the United States prepare and submit to the several states an amendment to the Constitution of the United States 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";

    (2) This application constitutes a continuing application in accordance with Article V of the Constitution of the United States; and

    (3) The Legislature of the State of Washington also proposes that the legislatures of each of the several states comprising the United States that have not yet made similar requests apply to the United States Congress requesting enactment of an appropriate amendment to the United States Constitution, and apply to the United States Congress to propose such an amendment to the United States Constitution; and

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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