HomeMy WebLinkAbout88-683 07-12-1988RESOLUTION NO. 88 -683
WHEREAS, the Sixteenth Amendment to the Constitution of the
United States addresses the power to lay and collect taxes, it was not
intended by its framers, as evidenced by the history of its adoption,
nor by the ratifying states to permit taxation by the federal govern-
ment of interest income on the general or special obligations of the
states or their political subdivisions; and
WHEREAS, the Tenth Amendment to the Constitution of the United
States was intended to reserve all powers not specifically delegated
to the United States by the Constitution to the states, and thereby
contemplated a mutuality of respect between the federal government and
the states as respective sovereigns, and
WHEREAS, Congress has enacted legislation which operates to tax
or restrict the states' issuance of general or special obligations and
the income on the income and proceeds; has enacted retroactive tax
legislation and other such legislation detrimental to the states,
NOW, THEREFORE, BE IT RESOLVED by the Legislature of the State of
Texas, the Senate and the House of Representatives concurring, to
memorialize Congress to propose an amendment to the Sixteenth Amend-
ment to the United States Constitution so as to prohibit Congress from
enacting legislation providing for the collection of income taxes
retroactively; to ensure that the right of the states to finance the
public purposes established by them may not be infringed; to prohibit
Congress from taxing directly or indirectly the income derived from
general or special obligations issued by or on behalf of the state,
their political subdivisions or authorized authorities, and to prohib-
it the taxation of the proceeds of or income on the proceeds of the
issuance of these general or special obligations; and to prohibit
Congress from restricting the issuance of general or special obliga-
tions by or on behalf of the states; and,
BE IT FURTHER RESOLVED, by the Legislature of the State of Texas,
the Senate and the House of Representatives concurring, that Congress
is memorialized to propose an amendment to Article XVI of the Consti-
tution of the United States of America by adding at the end:
"The right of states, their political subdivisions
or authorized authorities to issue general or
special obligations for public purposes as de-
clared by them, free from taxation directly or
indirectly, shall not be denied by the United
States."
and,
BE IT FURTHER RESOLVED, that the Texas Secretary of State forward
official copies of this resolution to the president of the United
States, the Speaker of the House of Representatives and the president
of the Senate of the United States Congress and to each member of the
Texas Delegation to the congress, to the Chairman and members of the
Ways and Means Committee of the House of Representatives, Chairmen and
members of the House and Senate Judiciary Committees and to the
Chairman and members of the Finance Committee of the Senate of the
United States with the request that this resolution be officially
entered into the Congressional Record as a memorial to the congress of
the United States of America.
APPROVED AND ADOPTED on this 12th day of
ATTEST:
July
Vg-ta-eoQ
, 1988.
Harold D. Samuels, Mayor