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House Passes Resolution Urging Congressional Action on Judges' Authority Over Tax-like Orders
Summary
The Utah House approved HJR5/HGR5, a resolution urging Congress to consider a constitutional response to judicial decisions that effectively compel taxation; supporters cited a Missouri case and other state resolutions; the House passed the measure 52–23 and will send it to the Senate.
On Feb. 2, 1999, the Utah House voted to pass House Joint Resolution 5 (referred to on the floor as HGR5/HJR5), a measure urging congressional action to restrict federal courts from ordering states or political subdivisions to impose or increase taxes. Representative Olson, who introduced the resolution, referenced Federalist Papers and a Missouri case (Jenkins) as precedents and said "If 34 states pass this resolution, then Congress has to act and send that resolution to the states." He told colleagues he had copies of 14 states' resolutions that had taken similar steps.
Opponents and questioners pressed the sponsor on scope and consequences, asking whether the resolution would trigger or require a constitutional convention or whether it was limited to sending a message to Congress. Representative Steiler and others raised concerns about the constitutional mechanics and whether a resolution of this form could unintentionally call for a convention. Olson acknowledged the concern and said he would be willing to circle the bill for further study but urged members to vote.
After debate, the House recorded a final tally of 52 yes votes and 23 no votes and passed HJR5; the resolution will be referred to the Senate. Sponsor remarks centered on perceived judicial overreach in isolated cases and urged an intergovernmental remedy; critics cautioned about unintended constitutional consequences.
Next steps: the resolution will be transmitted to the Utah Senate for its consideration.
