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04 LC 18 2974
House Resolution
1098
By: Representatives White of the 3rd, Post 2, Graves of the 10th, Ralston of the 6th, Willard of the 40th, Rogers of the 15th, and others
By: Representatives White of the 3rd, Post 2, Graves of the 10th, Ralston of the 6th, Willard of the 40th, Rogers of the 15th, and others
A RESOLUTION
Urging the Congress of the United States to propose an
amendment to the Constitution of the United States to prohibit judicial
taxation; and for other purposes.
WHEREAS, separation of powers is fundamental to the United States Constitution and the power of the federal government is strictly limited; and
WHEREAS, under 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, our present federal government has strayed from the intent of our founding fathers and the United States Constitution through inappropriate federal mandates; and
WHEREAS, these mandates by the way of statute, rule, or judicial decision have forced state governments to serve as the mere administrative arm of the federal government; and
WHEREAS, federal district courts, with the acquiescence of the United States Supreme Court, continue to order states to levy or increase taxes to comply with federal mandates; and
WHEREAS, these court actions 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 Constitution of the United States 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 Alabama, Alaska, Arizona, Colorado, Delaware, Guam, Illinois, Kansas, Louisiana, Mariana Islands, Massachusetts, Michigan, Missouri, Nevada, New Hampshire, New York, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming have petitioned the United States Congress to propose an amendment to the Constitution of the United States of America; and
WHEREAS, the amendment was previously introduced in Congress; and
WHEREAS, the amendment seeks to prevent federal courts from levying or increasing taxes without representation of the people against the people´s wishes; and
WHEREAS, under Article V of the Constitution of the United States, an amendment to the Constitution may be proposed by Congress and shall become part of the Constitution when ratified by three-fourths of the several states.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia urges the Congress of the United States to propose an amendment to the Constitution of the United States to add a new article to read 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."
BE IT FURTHER RESOLVED that this resolution constitutes a continuing application in accordance with Article V of the Constitution of the United States.
BE IT FURTHER RESOLVED that the State of Georgia requests the Congress to submit to the several states an amendment to the Constitution of the United States for the purpose of ratification or rejection.
BE IT FURTHER RESOLVED that the State of Georgia also proposes that the legislature of each of the several states comprising the United States not enumerated in the ninth undesignated paragraph of this resolution apply to the Congress requesting the enactment of an amendment to the United States Constitution, as described in this resolution.
BE IT FURTHER RESOLVED that this resolution be transmitted to the Secretary of State and presiding officers of the houses of the legislature of each of the other states in the union, to the President and Vice President of the United States, to the Speaker of the United States House of Representatives, to each Senator and Representative in the Congress of the United States, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.
WHEREAS, separation of powers is fundamental to the United States Constitution and the power of the federal government is strictly limited; and
WHEREAS, under 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, our present federal government has strayed from the intent of our founding fathers and the United States Constitution through inappropriate federal mandates; and
WHEREAS, these mandates by the way of statute, rule, or judicial decision have forced state governments to serve as the mere administrative arm of the federal government; and
WHEREAS, federal district courts, with the acquiescence of the United States Supreme Court, continue to order states to levy or increase taxes to comply with federal mandates; and
WHEREAS, these court actions 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 Constitution of the United States 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 Alabama, Alaska, Arizona, Colorado, Delaware, Guam, Illinois, Kansas, Louisiana, Mariana Islands, Massachusetts, Michigan, Missouri, Nevada, New Hampshire, New York, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming have petitioned the United States Congress to propose an amendment to the Constitution of the United States of America; and
WHEREAS, the amendment was previously introduced in Congress; and
WHEREAS, the amendment seeks to prevent federal courts from levying or increasing taxes without representation of the people against the people´s wishes; and
WHEREAS, under Article V of the Constitution of the United States, an amendment to the Constitution may be proposed by Congress and shall become part of the Constitution when ratified by three-fourths of the several states.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia urges the Congress of the United States to propose an amendment to the Constitution of the United States to add a new article to read 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."
BE IT FURTHER RESOLVED that this resolution constitutes a continuing application in accordance with Article V of the Constitution of the United States.
BE IT FURTHER RESOLVED that the State of Georgia requests the Congress to submit to the several states an amendment to the Constitution of the United States for the purpose of ratification or rejection.
BE IT FURTHER RESOLVED that the State of Georgia also proposes that the legislature of each of the several states comprising the United States not enumerated in the ninth undesignated paragraph of this resolution apply to the Congress requesting the enactment of an amendment to the United States Constitution, as described in this resolution.
BE IT FURTHER RESOLVED that this resolution be transmitted to the Secretary of State and presiding officers of the houses of the legislature of each of the other states in the union, to the President and Vice President of the United States, to the Speaker of the United States House of Representatives, to each Senator and Representative in the Congress of the United States, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.