MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Rules

By: Senator(s) White (29th)

A CONCURRENT RESOLUTION MEMORIALIZING THE U.S. CONGRESS TO PROPOSE AND SUBMIT TO THE SEVERAL STATES AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES PROVIDING THAT NO COURT SHALL HAVE THE POWER TO LEVY OR INCREASE TAXES OR MANDATE SPENDING. 

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 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 certain 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 whom they choose, such representatives being directly responsible and accountable to those who have elected them; and

WHEREAS, several states 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 and against the people's wishes:

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, 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

increases taxes."

BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States.

BE IT FURTHER RESOLVED, That the Legislature of the State of Mississippi also proposes that the legislatures of each of the several states comprising the United States that have not yet made similar requests apply to the United States Congress to propose such an amendment to the United States Constitution.

BE IT FURTHER RESOLVED, That the Secretary of State of the State of Mississippi 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 the United States Senate and to each member of the State of Mississippi congressional delegation.