0001| HOUSE JOINT MEMORIAL 50
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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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
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0015| United States constitution and the power of the federal
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0016| government is 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
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0003| of the United States supreme court, continue to order states
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0004| to 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
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0012| delegate 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
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0004| state or a political subdivision thereof, or an official of
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0005| such a state or political subdivision, to levy or increase
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0006| taxes."; 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
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0022| States senate and each member of the New Mexico congressional
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0023| delegation.
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0024|
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