0001| HOUSE JOINT MEMORIAL 42
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| FRANK BIRD
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| A JOINT MEMORIAL
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0011| REQUESTING AN AMENDMENT TO THE UNITED STATES CONSTITUTION ON
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0012| THE SUBJECT OF JUDICIAL TAXATION.
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0013|
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0014| WHEREAS, separation of powers is fundamental to the United
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0015| States constitution and the power of the federal government is
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0016| strictly limited; and
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0017| WHEREAS, under the United States constitution, the states
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0018| are to determine public policy; and
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0019| WHEREAS, it is the duty of the judiciary to interpret the
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0020| law, not to create law; and
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0021| WHEREAS, our present federal government has strayed from
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0022| the intent of our founding fathers and the United States
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0023| constitution through inappropriate federal mandates; and
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0024| WHEREAS, these mandates by way of statute, rule or
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0025| judicial decision have forced state governments to serve as
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0001| mere administrative arms of the federal government; and
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0002| WHEREAS, federal district courts, with the acquiescence of
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0003| the United States supreme court, continue to order states to
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0004| levy or increase taxes to comply with federal mandates; and
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0005| WHEREAS, these court actions violate the United States
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0006| constitution and the legislative process; and
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0007| WHEREAS, the time has come for the people of this great
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0008| nation and their duly elected representatives in state
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0009| government to reaffirm, in no uncertain terms, that the
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0010| authority to tax under the United States constitution is
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0011| retained by the people who, by their consent alone, do delegate
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0012| such power to tax explicitly to those duly elected
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0013| representatives in the legislative branch of government they
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0014| choose, such representatives being directly responsible and
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0015| accountable to those who have elected them; and
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0016| WHEREAS, several states have petitioned congress to
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0017| propose an amendment to the United States constitution; and
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0018| WHEREAS, the amendment was previously introduced in
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0019| congress; and
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0020| WHEREAS, the amendment seeks to prevent federal courts
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0021| from levying or increasing taxes without representation of the
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0022| people and against the people's wishes;
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0023| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0024| STATE OF NEW MEXICO that congress be requested to prepare and
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0025| submit to the several states an amendment to the United States
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0001| constitution to add a new article providing as follows:
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0002| "Neither the Supreme Court nor any inferior court of the
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0003| United States shall have the power to instruct or order a state
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0004| or a political subdivision thereof, or an official of such a
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0005| state or political subdivision, to levy or increase taxes.";
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0006| and
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0007| BE IT FURTHER RESOLVED that this application constitute a
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0008| continuing application in accordance with Article V of the
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0009| United States constitution; and
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0010| BE IT FURTHER RESOLVED that the legislature of New Mexico
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0011| also propose that the legislatures of each of the several
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0012| states comprising the United States that have not yet made
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0013| similar request apply to congress requesting passage of an
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0014| appropriate amendment to the United States constitution, and
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0015| apply to congress to propose such an amendment to the United
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0016| States constitution; and
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0017| BE IT FURTHER RESOLVED that copies of this memorial be
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0018| transmitted to the president and vice president of the United
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0019| States, the presiding officer in each house of legislature in
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0020| each of the states in the union, the speaker of the United
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0021| States house of representatives, the president of United States
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0022| senate and each member of the New Mexico congressional
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0023| delegation.
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 4, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0012| been referred
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0013|
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0014| HOUSE JOINT MEMORIAL 42
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, and thence referred to the
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0018| JUDICIARY COMMITTEE.
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025|
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0001| Edward C. Sandoval, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 8 For 0 Against
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0011| Yes: 8
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0012| Excused: Coll, Lujan, Nicely, Sanchez
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0013| Absent: None
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0014|
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0015|
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0016| G:\BILLTEXT\BILLW_97\HJ042
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