House Bill 0777

    Florida House of Representatives - 1999                 HM 777

        By Representative Sanderson






  1                          House Memorial

  2         A memorial requesting the United States

  3         Congress to prepare and submit to the states an

  4         amendment to the United States Constitution

  5         prohibiting federal courts from ordering a

  6         state to levy or increase taxes.

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  8         WHEREAS, separation of powers is fundamental to the

  9  United States Constitution, and the power of the Federal

10  Government is strictly limited, and

11         WHEREAS, under the United States Constitution, the

12  states are to determine public policy, and

13         WHEREAS, it is the duty of the judiciary to interpret

14  the law, not to create law, and

15         WHEREAS, our present Federal Government has strayed

16  from the intent of our founding fathers and the United States

17  Constitution through inappropriate federal mandates, and

18         WHEREAS, these mandates, by way of statute, rule, or

19  judicial decision, have forced state governments to serve as

20  the mere administrative arm of the Federal Government, and

21         WHEREAS, federal district courts, with the acquiescence

22  of the United States Supreme Court, continue to order states

23  to levy or increase taxes to comply with federal mandates, and

24         WHEREAS, these court actions violate the United States

25  Constitution and the legislative process, and

26         WHEREAS, the time has come for the people of this great

27  Nation and their duly elected representatives in state

28  government to reaffirm, in no uncertain terms, that the

29  authority to tax under the Constitution of the United States

30  is retained by the people who, by their consent alone, do

31  delegate such power to tax explicitly to those duly elected

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HM 777

    228-183A-99






  1  representatives in the legislative branch of government whom

  2  they choose, such representatives being directly responsible

  3  and accountable to those who have elected them, and

  4         WHEREAS, several states have petitioned the United

  5  States Congress to propose an amendment to the Constitution of

  6  the United States of America, and

  7         WHEREAS, the amendment was previously introduced in

  8  Congress, and

  9         WHEREAS, the amendment seeks to prevent federal courts

10  from levying or increasing taxes without representation of the

11  people and against the people's wishes, NOW, THEREFORE,

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13  Be It Resolved by the Legislature of the State of Florida:

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15         That the Congress of the United States prepare and

16  submit to the several states an amendment to the Constitution

17  of the United States to add a new article providing as

18  follows:

19         Neither the Supreme Court nor any inferior

20         court of the United States shall have the power

21         to instruct or order a state or a political

22         subdivision thereof, or an official of such a

23         state or political subdivision, to levy or

24         increase taxes.

25         That this application constitutes a continuing

26  application in accordance with Article V of the Constitution

27  of the United States.

28         That the Legislature of the State of Florida also

29  proposes that the legislatures of each of the several states

30  comprising the United States that have not yet made a similar

31  request apply to the United States Congress requesting

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    Florida House of Representatives - 1999                 HM 777

    228-183A-99






  1  enactment of an appropriate amendment to the United States

  2  Constitution, and apply to the United States Congress to

  3  propose such an amendment to the United States Constitution.

  4         That the Secretary of State of the State of Florida

  5  transmit copies of this memorial to the President and Vice

  6  President of the United States, the presiding officer in each

  7  house of the legislature in each of the states in the Union,

  8  the Speaker of the United States House of Representatives, the

  9  President of the United States Senate, and to each member of

10  the Florida delegation to the United States Congress.

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