THE SENATE

S.R. NO.

29

TWENTY-FIRST LEGISLATURE, 2002

  

STATE OF HAWAII

  
   

SENATE RESOLUTION

 

relating to an amendment to the constitution of the united states providing that no court shall have the power 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 the 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 the 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 courts 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, as previously introduced in Congress, the amendment seeks to prevent federal courts from levying or increasing taxes without representation of the people against the peoples wishes; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, that 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"; and

BE IT FURTHER RESOLVED that this application constitutes a continuing application in accordance with Article V of the Constitution of the United States; and

BE IT FURTHER RESOLVED that the Legislature of the State of Hawaii also proposes that the legislature of each of the several states comprising of the United States that have not yet made a similar request 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 FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Administrator, United States General Services Administration; and that certified copies of this Resolution also be transmitted to the President and Vice President of the United States, the President of the United States Senate and the Speaker of the United States House of Representatives and to the members of Hawaii's delegation to the Congress of the United States.

 

 

 

 

 

OFFERED BY:

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Report Title:

Proposed amendment to the constitution of the United States prohibiting judicial taxation, no taxation without representation.