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The '''[http://www.alecexposed.org/w/images/c/c1/8H9-Resolution_in_Favor_of_a_U_Exposed.pdf Resolution in Favor of a U.S. Constitutional Amendment on Judicial Taxation]''' is listed under ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] and was included in the 1996 Sourcebook of American State Legislation. According to ALEC.org, it was re-approved by the Board of Directors on January 29, 2013. (Accessed on 1/28/2016).
The '''[http://www.alecexposed.org/w/images/c/c1/8H9-Resolution_in_Favor_of_a_U_Exposed.pdf Resolution in Favor of a U.S. Constitutional Amendment on Judicial Taxation]''' is listed under ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] and was included in the 1996 Sourcebook of American State Legislation. According to ALEC.org, it was re-approved by the Board of Directors on January 29, 2013. (Accessed on 1/28/2016).
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==ALEC
Bill
Text==
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==ALEC
Resolution
Text==
Summary
Summary
This resolution calls on the U.S. Congress to adopt a constitutional amendment that would re-affirm the separation of powers established by the Constitution. The Constitution states that the function of the judiciary is to interpret law not create law. This amendment would stop the judiciary's ongoing encroachment into areas that constitutionally belong to the legislative branch of government, providing that no court of the United States shall have the power to instruct or order a state to levy or increase taxes. To date, ten states (Alaska, Ariz., Colo., La., Mass., Mo., Nev., N.Y., S.D., Tenn.) have petitioned Congress asking that this amendment to the Constitution be sent to the states for their approval. This resolution is, in large part, a reaction to the 1990 U.S. Supreme Court decision, Missouri v. Jenkins, where the high court affirmed a lower court's decision, which held that federal judges have the power to order an increase in state and local taxes.
This resolution calls on the U.S. Congress to adopt a constitutional amendment that would re-affirm the separation of powers established by the Constitution. The Constitution states that the function of the judiciary is to interpret law not create law. This amendment would stop the judiciary's ongoing encroachment into areas that constitutionally belong to the legislative branch of government, providing that no court of the United States shall have the power to instruct or order a state to levy or increase taxes. To date, ten states (Alaska, Ariz., Colo., La., Mass., Mo., Nev., N.Y., S.D., Tenn.) have petitioned Congress asking that this amendment to the Constitution be sent to the states for their approval. This resolution is, in large part, a reaction to the 1990 U.S. Supreme Court decision, Missouri v. Jenkins, where the high court affirmed a lower court's decision, which held that federal judges have the power to order an increase in state and local taxes.
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Model Resolution
Model Resolution
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NOW THEREFORE BE IT RESOLVED by the (Senate/House) of the State of ______, the (Senate/House) concurring therein:
NOW THEREFORE BE IT RESOLVED by the (Senate/House) of the State of ______, the (Senate/House) concurring therein:
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(1) 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"
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:
(1) 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"
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:(2) That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States.
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(
2
) That
this application constitutes a continuing application in accordance with Article V
of the
Constitution
of the United States.
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:
(
3
) That
the Legislature
of the
State
of
______ also proposes that the legislatures of each of the several states comprising
the United States
that have not yet made similar request apply to the United States Congress requesting enactment of a appropriate amendment to the United States Constitution, and apply to the United States Congress to propose such an amendment to the United States Constitution
.
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(
3
) That the
Legislature
of the State of ______
also proposes that
the
legislatures
of each of the
several
states
comprising
the
United States that have not yet made similar request apply to
the
United States Congress requesting enactment
of
a appropriate amendment to
the United States
Constitution
,
and apply to
the United States
Congress to propose such an amendment
to the
United States Constitution
.
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:
(
4
) That the
Secretary of State
of the State of ______
transmit copies of this Resolution to
the
President and Vice President of the United States, the presiding officer in each house
of
legislature in
each of the states
in
the
union,
the
Speaker
of the United States
House of Representatives
, the
President of
United States
Senate and
to
each member of
the
state of _______ Congressional Delegation
.
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(4) That the Secretary of State of the State of ______ transmit copies of this Resolution to the President and Vice President of the United States, the presiding officer in each house of legislature in each of the states in the union, the Speaker of the United States House of Representatives, the President of United States Senate and to each member of the state of _______ Congressional Delegation.
ALEC's 1996 Sourcebook of American State Legislation
ALEC's 1996 Sourcebook of American State Legislation