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.