45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THE UNITED STATES CONGRESS TO AMEND THE UNITED STATES CONSTITUTION TO PROVIDE THAT NO COURT SHALL HAVE THE POWER TO ORDER A STATE OR ITS OFFICIALS OR A POLITICAL SUBDIVISION OR ITS OFFICIALS TO LEVY OR INCREASE A TAX.

WHEREAS, separation of powers is fundamental to the United States constitution and, as such, the power of the federal government is strictly limited; and

WHEREAS, pursuant to 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, the federal government has all too often strayed from the intent of the founding fathers and the United States constitution through inappropriate federal mandates; and

WHEREAS, those mandates, by way of statute, rule or judicial decision, have forced state governments to serve as mere administrative arms of the federal government; and

WHEREAS, federal district courts, with the acquiescence of the United States supreme court, have ordered and continue to order states to levy or increase taxes to comply with federal mandates; and

WHEREAS, such judicial acts 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 United States constitution 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, the lawmakers of many of the several states petitioned the United States congress to propose an amendment to the United States constitution; and

WHEREAS, the amendment was previously introduced to the United States congress; and

WHEREAS, the amendment sought to prevent federal courts from ordering the levying or increase of taxes without representation of the people and against the people's will;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States congress be requested to prepare and submit to the states an amendment to the United States constitution 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 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 constitute a continuing application in accordance with Article 5 of the United States constitution; and

BE IT FURTHER RESOLVED that the legislature of the state of New Mexico also propose that the legislatures of each of the several states comprising 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 copies of this resolution be transmitted to the president and vice president of the United States senate and to each member of the state of New Mexico's congressional delegation.