99              
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  CONCURRENT
                        RESOLUTION
  REQUESTING THE UNITED STATES CONGRESS TO PROPOSE AN AMENDMENT
    TO THE UNITED STATES CONSTITUTION ON THE SUBJECT OF
    JUDICIAL TAXATION.



 1        WHEREAS, separation of powers is fundamental to the United
 2   States Constitution and the power of the federal government is
 3   strictly limited; and
 4   
 5        WHEREAS, under the United States Constitution, the states
 6   are to determine public policy; and
 7   
 8        WHEREAS, it is the duty of the judiciary to interpret the
 9   law, not to create law; and
10   
11        WHEREAS, our present federal government has strayed from
12   the intent of our founding fathers and the United States
13   Constitution through inappropriate federal mandates; and
14   
15        WHEREAS, these mandates by way of statute, rule, or
16   judicial decision have forced state governments to serve as the
17   mere administrative arm of the federal government; and
18   
19        WHEREAS, federal district courts with the acquiescence of
20   the United States Supreme Court, continue to order states to
21   levy or increase taxes to comply with federal mandates; and
22   
23        WHEREAS, these court actions violate the United States
24   Constitution and the legislative process; and
25   
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 certain terms that the authority
29   to tax under the Constitution of the United States is retained
30   by the people who, by their consent alone, do delegate such
31   power to tax explicitly to those duly elected representatives
32   in the legislative branch of government who they choose, such
33   representatives being directly responsible and accountable to
34   those who have elected them; and

 
Page 2                                   99                
                                  H.C.R. NO.            
                                                        
                                                        

 
 1        WHEREAS, several states have petitioned the United States
 2   Congress to propose an amendment to the Constitution of the
 3   United States of America; and
 4   
 5        WHEREAS, the amendment was previously introduced in
 6   Congress; and
 7   
 8        WHEREAS, the amendment seeks to prevent federal courts
 9   from levying or increasing taxes without representation of the
10   people and against the people's wishes; now, therefore,
11   
12        BE IT RESOLVED by the House of Representatives of the
13   Twentieth Legislature of the State of Hawaii, Regular Session
14   of 1999, the Senate concurring, that the Congress of the United
15   States is requested to prepare and submit to the several states
16   an amendment to the Constitution of the United States to add a
17   new article providing as follows:
18   
19        "Neither the Supreme Court nor any inferior court of the
20   United States shall have the power to instruct or order a state
21   or a political subdivision thereof, or an official of such a
22   state or political subdivision, to levy or increase taxes"; and
23   
24        BE IT FURTHER RESOLVED that this application constitutes a
25   continuing application in accordance with article V of the
26   Constitution of the United States; and
27   
28        BE IT FURTHER RESOLVED that the Legislature of the State
29   of Hawaii also proposes that the legislatures of each of the
30   several states comprising the United States that have not yet
31   made similar request, apply to the United States Congress
32   requesting enactment of an appropriate amendment to the United
33   States Constitution, and apply to the United States Congress to
34   propose such an amendment to the United States Constitution;
35   and
36   
37        BE IT FURTHER RESOLVED that certified copies of this
38   Concurrent Resolution be transmitted to the members of Hawaii's
39   congressional delegation, the President and Vice President of
40   the United States, the Speaker of the United States House of
41   Representatives, the President of the United States Senate and
42   the presiding officer of each house of Legislature in each of
43   the states of the union.
44 
45 
46 
47                         OFFERED BY:  ____________________________