South Carolina General Assembly
113th Session, 1999-2000

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Bill 4434


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4434
Type of Legislation:              Concurrent Resolution CR
Introducing Body:                 House
Introduced Date:                  20000113
Primary Sponsor:                  Haskins
All Sponsors:                     Haskins, Barrett, Cato, Fleming, Keegan, 
                                  Littlejohn, Loftis, Phillips, Riser, Robinson 
                                  and Taylor
Drafted Document Number:          l:\council\bills\skb\18116som00.doc
Date Bill Passed both Bodies:     20000601
Subject:                          Taxation, to amend U.S. Constitution so 
                                  courts may not order state or political 
                                  subdivision to levy or increase


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000601  Received from Senate
Senate  20000601  Adopted, returned with concurrence
Senate  20000531  Recalled from Committee,               11 SJ
                  placed on the Calendar
Senate  20000309  Introduced, referred to Committee      11 SJ
House   20000308  Adopted, sent to Senate
House   20000307  Committee report: Favorable            24 HIMR
House   20000113  Introduced, referred to Committee      24 HIMR


              Versions of This Bill
Revised on March 7, 2000 - Word format
Revised on May 31, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

RECALLED

May 31, 2000

H. 4434

Introduced by Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor

S. Printed 5/31/00--S.

Read the first time March 9, 2000.

            

A CONCURRENT RESOLUTION

TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.

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, in violation of the United States Constitution and the legislative process; and

Whereas, the time has come for the people of this nation and their elected representatives in state government to reaffirm 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 elected representatives in the legislative branch of government whom they choose, and that the representatives are 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 which 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 House of Representatives, the Senate concurring:

That the Congress of the United States is hereby memorialized to amend the Constitution of the United States and submit to the states for ratification an amendment which adds 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 political subdivision thereof, or an official of such a state or political subdivision, to levy or increase taxes."

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

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