HJ0004 - Judicial taxation authority.

 

2001

State of Wyoming

01LSO-0157

 

 

 

HOUSE JOINT RESOLUTION NO.  HJ0004

 

 

Judicial taxation authority.

 

Sponsored by:  Representative(s) Tipton, Hageman and Nagel
and Senator(s) Case

 

 

 

A Bill

 

for

 

 1  A JOINT RESOLUTION requesting Congress to propose and
 2  submit to the several states for ratification an amendment
 3  to the Constitution of the United States on the subject of
 4  judicial taxation.

 5 

 6  WHEREAS, separation of powers is fundamental to the United
 7  States Constitution and the power of the federal government
 8  is strictly limited; and

 9 

10  WHEREAS, under the United States Constitution, the states
11  are to determine public policy; and

12 

13  WHEREAS, it is the duty of the judiciary to interpret the
14  law, not to create law; and

15 

 

Page  1

 

 

 

 1  WHEREAS, our present federal government has strayed from
 2  the intent of our founding fathers and the United States
 3  Constitution through inappropriate federal mandates; and

 4 

 5  WHEREAS, these mandates by ways of statute, rule or
 6  judicial decision have forced state governments to serve as
 7  the mere administrative arm of the federal government; and

 8 

 9  WHEREAS, federal district courts, with the acquiescence of
10  the United States Supreme Court, continue to order states
11  to levy or increase taxes to comply with federal mandates,
12  in violation of the United States Constitution and the
13  legislative process; and

14 

15  WHEREAS, the time has come for the people of this great
16  nation and their duly elected representatives in state
17  government, to reaffirm, in no uncertain terms, that the
18  authority to tax under the Constitution of the United
19  States is retained by the people who, by their consent
20  alone, do delegate such power to tax explicitly to those
21  duly elected representatives in the legislative branch of
22  government whom they choose, such representatives being
23  directly responsible and accountable to those who have
24  elected them; and

 

Page  2

 

 

 

 1 

 2  WHEREAS, several states have petitioned the United States
 3  Congress to propose an amendment to the Constitution of the
 4  United States of America which was previously introduced in
 5  Congress; and

 6 

 7  WHERAS, the amendment seeks to prevent federal courts from
 8  levying or increasing taxes without representation of the
 9  people and against the people's wishes.

10 

11  Now, Therefore, Be It Resolved By The Members of the
12  Legislature of the State of Wyoming:

13 

14  1.  That the Congress of the United States expeditiously
15  propose and submit to the Legislatures of the several
16  States for ratification an amendment to the Constitution of
17  the United States to add a new article providing as
18  follows:

19         "Neither the Supreme Court nor any inferior
20         court of the United States shall have the power
21         to instruct or order a state or a political
22         subdivision thereof, or an official of such a
23         state or political subdivision, to levy or
24         increase taxes."

 

Page  3

 

 

 

 1 

 2  2.  That this resolution constitutes a continuing
 3  application in accordance with Article V of the
 4  Constitution of the United States.

 5 

 6  3.  That the Legislatures of each of the several states
 7  comprising the United States are urged to apply to the
 8  United States Congress requesting that the referenced
 9  amendment to the United States Constitution be submitted to
10  the states for ratification.

11 

12  4.  That the Secretary of State transmit copies of this
13  resolution to the President of the United States Senate,
14  the Speaker of the House of Representatives of the United
15  States, each Member of the Wyoming Congressional
16  Delegation, and the Secretary of State and the presiding
17  officers of both Houses of the Legislatures of each of the
18  other States in the Union.

19 

20                         (END)

 

Page  4