Vote on Taxes Joint Resolution Exposed

The Vote on Taxes Joint Resolution was adopted by ALEC's Tax and Fiscal Policy Task Force at the Spring Task Force Meeting on April 23, 2010, approved by the Board of Directors June 3, 2010. According to ALEC.org, it was re-adopted by the Tax and Fiscal Policy Task Force at the Spring Task Force Summit on May 15, 2015, approved by the ALEC Board of Directors June 29, 2015. (Accessed on 2/1/2016).

ALEC Resolution Text

Summary

Applying to the Congress of the United States pursuant to Article V of the United States constitution to call a limited constitutional convention for proposing the Vote On Taxes Amendment which would require that Congress obtain the consent of the governed before imposing new taxes, increasing the federal debt, mandating unfunded spending requirements upon the states and increasing federal spending above the base year adjusted annually for inflation and population change. The Amendment would allow two-thirds of the state legislatures to propose an identically worded Amendment which would be ratified if approved by a majority of voters in three-quarters of the states.

Resolution

WHEREAS , With our nation's debt expected to exceed $20 trillion dollars or $250,000 for a family of four by 2020*; and

WHEREAS, Annual interest on the debt is expected to be over $900 billion or $12,000 for a family of four by 2020*; and

WHEREAS , Our nation is on course to exceed the World War II debt to GDP record of 113% by 2026*; and

WHEREAS, Our excessive spending growth and resulting accumulation of debt is expected to reduce our standard of living by 9% in 2035 and 16% by 2045*; and

WHEREAS, The United States of America faces a long term systemic fiscal crisis that will unduly burden generations of (State) in their fundamental right to life, liberty, and the pursuit of economic prosperity; and

WHEREAS , The U.S. Constitution has no effective limits on Congress's power to increase spending, borrowing, taxes and mandates upon (State) and its local governments; and

WHEREAS, The states do not have the same power as Congress to propose a single amendment to our Constitution and the people do not have the power to approve an amendment proposed by state legislatures; and

WHEREAS, Article V of the United States Constitution requires the United States Congress to call a constitutional convention upon the application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution; now therefore be it

RESOLVED , That the Legislature of the State of ______, pursuant to Article V of the United States Constitution, hereby applies to the Congress to call a limited constitutional convention for the purpose of proposing to the states for ratification an amendment to the United States Constitution, commonly known as the Vote On Taxes Amendment, containing the following provisions: The Amendment shall require a majority vote of U.S. electors prior to implementation in the second full fiscal year following ratification for the Federal Government to implement:

1. New federal taxes or an increase in existing federal tax rates;

2. An increase in federal debt;

3. An increase in federal expenditures in excess of a spending cap equal to the base year total expenditures adjusted annually by the sum of inflation and population growth; or

4. To mandate a requirement of a state or local governmental entity unless all costs of compliance are fully and contemporaneously federally funded. The Amendment shall require a majority vote of U.S. electors in three- quarters of the states to ratify an identically worded amendment proposed by two-thirds of the state legislatures. The Amendment shall make provision for any state or local elected official or government entity to choose either a bench trial or binding jury trial when interpreting this Amendment. There shall be no spending or borrowing limits for the direct cost of conducting a war that threatens the existence of this nation.

RESOLVED , That this application constitutes a continuing application in accordance with Article V of the United States Constitution until at least two-thirds of the legislatures of the several states have made application for a limited constitutional convention; and be it further

RESOLVED , That, convention delegate candidates be allowed to publicly cast a provisional ballot for or against a final draft of this Amendment which shall be binding on the limited convention if the candidate is elected by the citizens of the State of ______; and be it further

RESOLVED , That elected delegates who have not cast a provisional ballot shall be permitted to vote only on the proposed Amendment topically contained within the scope of this call and shall be instructed to vote against any other amendments; and be it further

RESOLVED , That if two-thirds of the legislatures of the several states make application to the Congress to call a limited constitutional convention to consider the Vote On Taxes Amendment, the State of ____requests that such a convention be called not later than six months after the Congress receives the necessary two-thirds applications from state legislatures; and be it further

RESOLVED , That the Clerk of the (house) (senate) (legislature) transmit duly authenticated copies of this resolution to the Speaker and Clerk of the United States House of Representatives, the President Pro Tempore and Secretary of the United States Senate, the members of the ______Congressional delegation, the presiding officer of each chamber of each state legislature in the United States, and the news media of the State of ______.

*Source: Congressional Budget Office

Adopted by the Tax and Fiscal Policy Task Force at the Spring Task Force Meeting on April 23, 2010.

Approved by the ALEC Board of Directors on June 3, 2010.