By Delegates Calvert, Thompson, Louisos, Miller, Walters, Facemyer, Stalnaker, Overington, Azinger, Nesbitt, Hall, Osborne, Greear, Haskins, Border, Smirl, Given, Kuhn, Henderson, G. Martin, Thomas, Ball, Harrison, Sprouse, Evans and Clements:
H. C. R. 12--"Requesting the Congress of the United States to propose for submission to the states for their ratification an amendment to the Constitution of the United States of America to restrict the ability of the United States Supreme Court or any inferior court of the United States to mandate any state or political subdivision thereof to levy or increase taxes."
Whereas, Unfunded mandates by the United States Congress and the Executive Branch of the federal government increasingly strain already tight state government budgets if the states are to comply; and
Whereas, To further compound this assault on state revenues, federal District Courts, with the blessing of the United States Supreme Court, continue to order states to levy or increase taxes to supplement their budgets to comply with federal mandates; and
Whereas, The courts actions are an intrusion into a legitimate legislative debate over state spending priorities and not a response to a constitutional directive; and
Whereas, The Constitution of the United States of America does not allow, nor do the states need, judicial intervention requiring levies or increases as solutions to potentially serious problems; and
Whereas, This usurpation of legislative authority begins a process that over time could threaten the fundamental concept of separation of powers that is precious to the preservation of the form of our government embodied by the Constitution of the United States of America; and
Whereas, Several states have petitioned the United States Congress to propose an amendment to the Constitution of the United States of America which reads 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 state or political subdivision, to levy or increase taxes;" therefore, be it
Resolved by the Legislature of West Virginia:
That this legislative body respectfully requests and petitions the Congress of the United States to propose submission to the states for their ratification an amendment to the Constitution of the United States of America to restrict the ability of the United States Supreme Court or any other inferior court of the United States or mandate any state or political subdivision thereof to levy or increase taxes; and, be it
Further Resolved, That the Clerk of the House of Delegates send copies of this resolution to the Secretary of the Senate of the United States and the Clerk of the House of Representatives of the United States.