www.washingtonpost.com/wp-dyn/content/article/2007/05/08/AR2007050801212_pf.html

Appellate Judges Let Gun Ruling Stand
Fenty 'Deeply Disappointed'; District Might Defend Ban Before the Supreme Court

By Carol D. Leonnig
Washington Post Staff Writer
Wednesday, May 9, 2007; B01

A federal appeals court in Washington yesterday let stand a ruling that struck down a restrictive D.C. ban on gun ownership, setting the stage for a potentially major constitutional battle over the Second Amendment in the Supreme Court.

D.C. Mayor Adrian M. Fenty said at a news conference that he was "deeply disappointed" by the court's decision not to reconsider the city's arguments that the three-decades-old gun ban was constitutional. Fenty (D) said the city will now mull over whether to take the risk of pressing to defend the D.C. gun law before the Supreme Court or to rewrite gun regulations for keeping guns in private District homes.

"As mayor, I remain committed to combating gun violence, and . . . this is a critical part of the District's crime-control strategy," he said. "The predominant factor in our consideration [of how to proceed] will be the safety of District residents."

Fenty and other officials had asked the full appeals court to review a ruling issued by a three-judge panel that struck down a part of the D.C. law that bars people from keeping handguns in homes. With its 6 to 4 vote to reject a hearing by the full court, the U.S. Court of Appeals for the D.C. Circuit sped up the timetable for a showdown. Experts said that timetable favors gun rights advocates and the D.C. residents who first challenged the law.

"Clearly it would have been better for us to have another chance to argue before the full court," said D.C. Attorney General Linda Singer. "It goes much faster now."

If the city petitions for a hearing before the Supreme Court -- and it must make that decision within 90 days -- legal experts say the high court probably will agree to take the case within a year.

A central question the D.C. case poses is whether the Second Amendment protects an individual's rights to bear arms. In its 2 to 1 ruling in March, the appellate panel ruled that it does.

The Bush administration is on record supporting the argument that the Second Amendment protects individual rights, and it would be able to argue that view if the case is heard soon. If the full appeals court had heard the case, a new administration might have taken a different stance by the time it reached the Supreme Court.

"That's very important to have the government on our side," said Robert A. Levy, a libertarian lawyer who spearheaded the challenge to the law. "And that could change with a new administration."

Experts say that gun-rights advocates have never had a better chance for a major Second Amendment victory, because a significant number of justices on the Supreme Court have indicated a preference for the individual-rights interpretation.

Another appellate court that considered a similar case, in the 5th Circuit, chose not to strike down a gun law based on that individual-rights interpretation. Other appellate circuits have interpreted the amendment as protecting a militia's right to take up arms -- not an individual's. The question is whether the Supreme Court considers that a substantial enough legal conflict demanding the court's resolution.

Paul Helmke of the pro-gun-control Brady Center to Prevent Gun Violence said he believes the Supreme Court will want to settle the matter. "We've expected all along this would go the Supreme Court," Helmke said. "The crucial thing is, it gets it there quicker. If the court takes the case, there's a chance there'll be a ruling just before the presidential election. That will make it politically interesting."

D.C. Assistant Police Chief Winston Robinson Jr. said he's sorry that some residents don't feel safe in their homes without guns but stressed that the recent massacre at Virginia Tech should remind them that guns don't increase safety.

"More than likely, that weapon in their home will be used against them," Robinson said. "Just think about what happened recently in Virginia: guns in the hands of people who shouldn't have them."

Those voting against a new hearing were one judge who joined in the original opinion, Thomas B. Griffith, and one who dissented from it, Karen LeCraft Henderson, as well as Chief Judge Douglas H. Ginsburg, David B. Sentelle, Janice Rogers Brown and Brett M. Kavanaugh. Those voting to reconsider were Merrick B. Garland, Judith W. Rogers, David S. Tatel and A. Raymond Randolph.

Checkpoint targets Route 9 travelers
By Diana Graettinger
Tuesday, May 15, 2007 - Bangor Daily News

TOWNSHIP 30 - A Nova Scotia man was nabbed for impersonating a police officer. For others who found themselves in trouble with the law Monday, it started with an invalid inspection sticker or out-of-date registration.

All ran afoul of a "checkpoint" at the rest area on Route 9 in Township 30.

Almost any day of the week, the area is about as busy as a City Council meeting, but not Monday. The parking lot was filled with cars — both police and would-be violators.

Dubbed Operation Lobster Claw, the checkpoint by the Washington County Sheriff’s Department was set up on Route 9 to stop traffic. Three K-9 units, the Maine State Police Vehicle Enforcement, along with the Maine Drug Enforcement Agency, also were there.

It wasn’t a roadblock, because roadblocks are illegal, according to the U.S. Supreme Court.

It was a safety inspection.

"There’s a difference between a checkpoint and a roadblock," Sheriff Donnie Smith said Monday. "We have the legal right to check vehicles. [We] go to secondary [check] if for some reason they stand out, that’s legal," Smith said.

Route 9 is Washington County’s answer to the interstate, so the road was busy on Monday. Police know that drugs come across the border into Calais from Canada and traffickers use Route 9 to hot-foot it to Boston, where prescription medication such as OxyContin and Dilaudid fetch a higher price.

An $80,000 federal grant made the safety check possible on Monday.

"It’s some of the Stone Garden Homeland Security money," Smith said. "What we are doing, we’re just doing an overall check. We’re looking for anything suspicious from illegal aliens, drug trafficking and safety checks."

On Monday, perimeters were set up east and west on Route 9. Sheriff’s vehicles were parked on the side of the road, blue lights flashing. Deputies in bright orange safety vests were in the middle of the road, stopping traffic.

Most people stopped immediately, although one woman kept driving. Maine State Police and a sheriff’s deputy pursued her and found she had an invalid sticker and no motor vehicle insurance. She didn’t get to drive home.

For those people who did stop, deputies ran through a checklist of headlights and turn signals, as well as other safety features on their cars.

Anything out of the ordinary went to a secondary checkpoint — the parking lot at the rest stop where MDEA agents and K-9 units from the Rockport Police Department, U.S. Customs and Maine State Police were waiting.

Immediately upon stopping, drivers were asked to produce a valid license and registration. If anything out of the ordinary appeared, the car was turned over to a dog and its handler.

One man was on probation for sexual abuse of a minor; he was checked. A woman on probation also had her car thoroughly inspected.

The dogs, trained to sit when they score a scent, sat on several occasions. Then it was into the car, where the dogs — their noses working overtime — sniffed under the seats and in glove compartments.

Danielle Littlehale of the Rockport Police Department said her dog Boomer has been trained to sniff out seven drugs. While on the search, the dog had to bypass a small cooler full of food. Littlehale said the dogs have been trained to ignore food.

One woman was driving while her license was under suspension. She also had a prescription for a drug, but it was not in a legal prescription bottle.

Police searched her car and found a locked box — inside were her methadone doses for the week. Police said she’d been on methadone for four years. She was later arrested for having a drug without a prescription.

Another woman also was stopped for a vehicle infraction and had a locked box full of methadone doses. Since she was not carrying anything illegal, she was allowed to leave.

Among the many serious moments, there was some humor. A man and woman were ordered to secondary inspection — it turned out the couple were salespeople for a pharmaceutical company and they had a trunk full of drugs. The police let them go after checking their story.

Deputy Travis Willey of the Sheriff’s department did field sobriety tests on two people. They both passed, but for a few minutes, it looked as though one of them might not be able to walk the imaginary line. Willey said the man was clearly nervous.

"I explained to the gentleman that it’s not against the law in the state of Maine to operate a motor vehicle with prescription medications. However if those prescription medications impair the safe operation of that motor vehicle, it is illegal. It is operating under the influence just like alcohol and anything else," Willey said.

A woman who was stopped had a handgun under her seat; she had a permit.

A man was stopped and summoned for having a usable amount of marijuana. He told the police officer he didn’t know how it got in his car.

One man was pulled over and gave deputies his name and address. A check revealed he was using someone else’s identity. When they asked him again, he gave police another phony name. He was taken directly to jail.

At the end of the six-hour checkpoint Monday, a Nova Scotia man flashed a police badge and identity card from Massachusetts.

He said he had worked for the Suffolk County Sheriff’s Department in Massachusetts in 1992. The deputies called Massachusetts; they had no record of him. The man was handcuffed and charged with impersonating a public official.

And for those who were booked and bailed, it was one-stop shopping.

The Sheriff’s Department had a van at the scene. Inside were corrections officers who were fingerprinting those who had been charged and taking mug shots.

Also inside was Bob Whitman, bail commissioner for Washington County. He was writing bail tickets and collecting the money.

It wasn’t a roadblock, because roadblocks are illegal, according to the U.S. Supreme Court.

It was a safety inspection.

"There’s a difference between a checkpoint and a roadblock," Sheriff Donnie Smith said Monday. "We have the legal right to check vehicles. [We] go to secondary [check] if for some reason they stand out, that’s legal," Smith said.

"It’s some of the Stone Garden Homeland Security money," Smith said. "What we are doing, we’re just doing an overall check. We’re looking for anything suspicious from illegal aliens, drug trafficking and safety checks."

Immediately upon stopping, drivers were asked to produce a valid license and registration.

Police searched her car and found a locked box

A woman who was stopped had a handgun under her seat; she had a permit.

Also inside was Bob Whitman, bail commissioner for Washington County. He was writing bail tickets and collecting the money.

New presidential directive gives Bush dictatorial power

National Security & Homeland Security Presidential Directive establishes "National Continuity Policy"

Global Research | May 21, 2007
Larry Chin

The National Security and Homeland Security Presidential Directive , signed on May 9, 2007 declares that in the event of a "catastrophic event", George W. Bush can become what is best described as "a dictator": 

"The President shall lead the activities of the Federal Government for ensuring constitutional government."

This directive, completely unnoticed by the media, and given no scrutiny by Congress, literally gives the White House unprecedented dictatorial power over the government and the country, bypassing the US Congress and obliterating the separation of powers. The directive also placed the Secretary of Homeland Security in charge of domestic "security".

The full text is below. A critical analysis on the directive can be found here. http://www.globalresearch.ca/index.php?context=viewArticle&code=ROG20070521&arti...

This is another step towards official martial law (see " US government fans homeland security fears "), which suggests that a new "catastrophic event" 9/11-type pretext could be in the pipeline.

National Security and Homeland Security Presidential Directive

NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes "National Essential Functions," prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.

Definitions

(2) In this directive:

(a) "Category" refers to the categories of executive departments and agencies listed in Annex A to this directive;

(b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;

(c) "Continuity of Government," or "COG," means a coordinated effort within the Federal Government's executive branch to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;

(d) "Continuity of Operations," or "COOP," means an effort within individual executive departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;

(e) "Enduring Constitutional Government," or "ECG," means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;

(f) "Executive Departments and Agencies" means the executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), Government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service;

(g) "Government Functions" means the collective functions of the heads of executive departments and agencies as defined by statute, regulation, presidential direction, or other legal authority, and the functions of the legislative and judicial branches;

(h) "National Essential Functions," or "NEFs," means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through COOP and COG capabilities; and

(i) "Primary Mission Essential Functions," or "PMEFs," means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of all executive departments and agencies. As a result of the asymmetric threat environment, adequate warning of potential emergencies that could pose a significant risk to the homeland might not be available, and therefore all continuity planning shall be based on the assumption that no such warning will be received. Emphasis will be placed upon geographic dispersion of leadership, staff, and infrastructure in order to increase survivability and maintain uninterrupted Government Functions. Risk management principles shall be applied to ensure that appropriate operational readiness decisions are based on the probability of an attack or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and capabilities and represent the overarching responsibilities of the Federal Government to lead and sustain the Nation during a crisis, and therefore sustaining the following NEFs shall be the primary focus of

the Federal Government leadership during and in the aftermath of an emergency that adversely affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under the Constitution, including the functioning of the three separate branches of government;

(b) Providing leadership visible to the Nation and the world and maintaining the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all enemies, foreign and domestic, and preventing or interdicting attacks against the United States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign nations;

(e) Protecting against threats to the homeland and bringing to justice perpetrators of crimes or attacks against the United States or its people, property, or interests;

(f) Providing rapid and effective response to and recovery from the domestic consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation's economy and ensuring public confidence in its financial systems; and

(h) Providing for critical Federal Government services that address the national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for ensuring constitutional government. In order to advise and assist the President in that function, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT) is hereby designated as the National Continuity Coordinator. The National Continuity Coordinator, in coordination with the Assistant to the President for National

Security Affairs (APNSA), without exercising directive authority, shall coordinate the development and implementation of continuity policy for executive departments and agencies. The Continuity Policy Coordination Committee (CPCC), chaired by a Senior Director from the Homeland Security Council staff, designated by the National Continuity Coordinator, shall be the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is assigned to a category in accordance with the nature and characteristics of its national security roles and

responsibilities in support of the Federal Government's ability to sustain the NEFs. The Secretary of Homeland Security shall serve as the President's lead agent for coordinating overall

continuity operations and activities of executive departments and agencies, and in such role shall perform the responsibilities set forth for the Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the heads of appropriate executive departments and agencies, will lead the development of a National Continuity Implementation Plan (Plan), which shall include prioritized goals and objectives, a concept of operations, performance metrics by which to measure continuity readiness, procedures for continuity and incident management activities, and clear direction to executive department and agency continuity coordinators, as well as guidance to promote interoperability of Federal Government continuity programs and procedures with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate. The Plan shall be submitted to the President for approval not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible for its own continuity programs, an official designated by the Chief of Staff to the President shall ensure that the executive branch's COOP and COG policies in support of ECG efforts are appropriately coordinated with those of

the legislative and judicial branches in order to ensure interoperability and allocate national assets efficiently to maintain a functioning Federal Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be appropriately integrated with the emergency plans and capabilities of State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to promote interoperability and to prevent redundancies and conflicting lines of authority. The Secretary of Homeland Security shall coordinate the integration of Federal continuity plans and operations with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President (EOP) and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency must be for a period up to 30 days or until normal operations can be resumed, and the capability to be fully operational at alternate sites as soon as possible after the occurrence of an emergency, but not later than 12 hours after COOP activation;

(b) Succession orders and pre-planned devolution of authorities that ensure the emergency delegation of authority must be planned and documented in advance in accordance with applicable law;

(c) Vital resources, facilities, and records must be safeguarded, and official access to them must be provided;

(d) Provision must be made for the acquisition of the resources necessary for continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of critical communications capabilities at alternate sites in order to support connectivity between

and among key government leadership, internal elements, other executive departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow for recovery from a catastrophic emergency and resumption of normal operations; and

(g) Provision must be made for the identification, training, and preparedness of personnel capable of relocating to alternate facilities to support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels or actual emergencies, the Continuity of Government Readiness Conditions (COGCON) system establishes executive branch continuity program readiness levels, focusing

on possible threats to the National Capital Region. The President will determine and issue the COGCON Level. Executive departments and agencies shall comply with the requirements and

assigned responsibilities under the COGCON program. During COOP activation, executive departments and agencies shall report their readiness status to the Secretary of Homeland Security or the Secretary's designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency continuity funding requests and performance data that are submitted by executive departments and agencies as part of the annual budget request process, in order to monitor progress in the implementation of the Plan and the execution of continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue annual continuity planning guidance for the development of continuity budget requests; and

(c) Ensure that heads of executive departments and agencies prioritize budget resources for continuity capabilities, consistent with this directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity communications for executive departments and agencies, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President;

(b) Establish requirements for, and monitor the development, implementation, and maintenance of, a comprehensive communications architecture to integrate continuity components, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President; and

(c) Review quarterly and annual assessments of continuity communications capabilities, as prepared pursuant to section 16(d) of this directive or otherwise, and report the results and recommended remedial actions to the National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the APHS/CT, and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure synchronization and integration of continuity activities among the four categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of continuity operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to establish continuity planning requirements for executive departments and agencies;

(c) Conduct biennial assessments of individual department and agency continuity capabilities as prescribed by the Plan and report the results to the President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity communications capabilities in consultation with an official designated by the Chief of Staff to the President;

(e) Develop, lead, and conduct a Federal continuity training and exercise program, which shall be incorporated into the National Exercise Program developed pursuant to Homeland Security Presidential Directive-8 of December 17, 2003 ("National Preparedness"), in consultation with an

official designated by the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators;

(g) Make available continuity planning and exercise funding, in the form of grants as provided by law, to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators; and

(h) As Executive Agent of the National Communications System, develop, implement, and maintain a comprehensive continuity communications architecture.

(17) The Director of National Intelligence, in coordination with the Attorney General and the Secretary of Homeland Security, shall produce a biennial assessment of the foreign and domestic threats to the Nation's continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall provide secure, integrated, Continuity of Government communications to the President, the Vice President, and, at a minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their respective department or agency COOP plans in response to a localized emergency and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary level, as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the list of PMEFs for the department or agency and develop continuity plans in support of the NEFs and the continuation of essential functions under all conditions;

(c) Plan, program, and budget for continuity capabilities consistent with this directive;

(d) Plan, conduct, and support annual tests and training, in consultation with the Secretary of Homeland Security, in order to evaluate program readiness and ensure adequacy and viability of continuity plans and communications systems; and

(e) Support other continuity requirements, as assigned by category, in accordance with the nature and characteristics of its national security roles and responsibilities

General Provisions

(20) This directive shall be implemented in a manner that is consistent with, and facilitates effective implementation of, provisions of the Constitution concerning succession to the Presidency or the exercise of its powers, and the Presidential Succession Act of 1947 (3 U.S.C. 19), with consultation of the Vice President and, as appropriate, others involved. Heads of executive departments and agencies shall ensure that appropriate

support is available to the Vice President and others involved as necessary to be prepared at all times to implement those provisions.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals, or (ii) the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President, to the Secretary of Defense, to the commander of military forces, or military command and control procedures; and

(c) Is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its

agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.

GEORGE W. BUSH

Net taxes could arrive by this fall
By Declan McCullagh, Staff Writer, CNET News.com
1 | 2 |  Next >

The era of tax-free e-mail, Internet shopping and broadband connections could end this fall, if recent proposals in the U.S. Congress prove successful.

State and local governments resumed a push to lobby Congress for far-reaching changes on two different fronts: gaining the ability to impose sales taxes on Net shopping, and being able to levy new monthly taxes on DSL and other connections. One senator is even predicting taxes on e-mail.

At the moment, states and municipalities are frequently barred by federal law from collecting both access and sales taxes. But they're hoping that their new lobbying effort, coordinated by groups including the National Governors Association, will pay off by permitting them to collect billions of dollars in new revenue by next year.

If that doesn't happen, other taxes may zoom upward instead, warned Sen. Michael Enzi, a Wyoming Republican, at a Senate hearing on Wednesday. "Are we implicitly blessing a situation where states are forced to raise other taxes, such as income or property taxes, to offset the growing loss of sales tax revenue?" Enzi said. "I want to avoid that."

A flurry of proposals that pro-tax advocates advanced push in that direction. Enzi introduced a bill that would usher in mandatory sales tax collection for Internet purchases. Second, in the House of Representatives, politicians weighed whether to let a temporary ban on Net access taxes lapse when it expires on November 1. A House backer of another pro-sales tax bill said this week to expect a final version by July.

"The independent and sovereign authority of states to develop their own revenue systems is a basic tenet of self government and our federal system," said David Quam, director of federal relations at the National Governors Association, during a Senate Commerce committee hearing on Wednesday.

Internet sales taxes
At the moment, for instance, Seattle-based Amazon.com is not required to collect sales taxes on shipments to millions of its customers in states like California, where Amazon has no offices. (Californians are supposed to voluntarily pay the tax owed when filing annual state tax returns, but few do.)

Ideas to alter this situation hardly represent a new debate: officials from the governors' association have been pressing Congress to enact such a law for at least six years. They invoke arguments--unsuccessful so far--like saying that reduced sales tax revenue threatens budgets for schools and police.

But with Democrats now in control of both chambers of Congress, the political dynamic appears to have shifted in favor of the pro-tax advocates and their allies on Capitol Hill. The NetChoice coalition, which counts as members eBay, Yahoo and the Electronic Retailing Association and opposes the sales tax plan, fears that the partisan shift will spell trouble.

One long-standing objection to mandatory sales tax collection, which the Supreme Court in a 1992 case left up to Congress to decide, is the complexity of more than 7,500 different tax agencies that each have their own (and frequently bizarre) rules. Some legal definitions (PDF) tax Milky Way Midnight candy bars as candy and treat the original Milky Way bar as food. Peanut butter Girl Scout cookies are candy, but Thin Mints or Caramel deLites are classified as food.

The pro-tax forces say that a concept called the Streamlined Sales Tax Agreement will straighten out some of the notorious convolutions of state tax laws. Enzi's bill, introduced this week, relies on the agreement when providing "federal authorization" to require out-of-state retailers "to collect and remit the sales and use taxes" due on the purchase. (Small businesses with less than $5 million in out-of-state sales are exempted.)

It's "important to level the playing field for all retailers," Enzi said during Wednesday's hearing.

While it's too early to know how much support Enzi's bill will receive, foes of higher taxation are marshaling their allies. Sen. Ted Stevens, an Alaska Republican, said Wednesday that he'd like "to see an impregnable ban on taxes on the Internet."

Jeff Dircksen, the director of congressional analysis at the National Taxpayers Union in Alexandria, Va., said in written testimony prepared for the hearing: "If such a system of extraterritorial collection is allowed, Congress will have opened the door to any number of potential tax cartels that will eventually harm rather than help taxpayers."

Internet access taxes
A second category of higher Net taxes is technically unrelated, but is increasingly likely to be linked when legislation is debated in Congress later this year. That category involves access taxes, meaning taxes that local and state governments levy to single out broadband or dial-up connections. (See CNET News.com's Tech Politics podcast this week with former House Majority Leader Dick Armey on this point.)

If the temporary federal moratorium is allowed to expire in November, states and municipalities will be allowed to levy a dizzying array of Net access taxes--meaning a monthly Internet connection bill could begin to resemble a telephone bill or airline ticket with innumerable and confusing fees tacked on at the end. In some states, telephone fees, taxes and surcharges run as high as 20 percent of the bill.

These fees that states levy on mobile phones, cable TV and landlines run far higher than state sales taxes at an average of 13.3 percent, cost the average household $264 a year, and total $41 billion annually, according to a report published by the Chicago-based Heartland Institute this month. Landlines are taxed at the highest rate, 17.23 percent, with Internet access being virtually tax free, with the exception of a few states that were grandfathered in a decade ago.

Dircksen, from the National Taxpayers Union, urged the Senate to "encourage economic growth and innovation in the telecommunications sector--in contrast to higher taxes, fees and additional regulation" by at least renewing the expiring moratorium, and preferably making it permanent. Broadband providers like Verizon Communications also want to make the ban permanent.

But state tax collectors are steadfastly opposed to any effort to renew the ban, let alone impose a permanent extension. Harley Duncan, the executive director of the Federation of Tax Administrators, said that higher taxes will not discourage broadband adoption and his group "urges Congress not to extend the Act because it is disruptive of and poses long-term dangers for state and local fiscal systems."

Sen. Daniel Inouye, the influential Democratic chairman of the Senate Commerce committee, said: "Listening to the testimony, I would opt for a temporary extension, if at all."

If the moratorium expires, one ardent tax foe is predicting taxes on e-mail. A United Nations agency proposed in 1999 the idea of a 1-cent-per-100-message tax, but retreated after criticism. (A similar proposal, called bill "602P," is, however, actually an urban legend.)

"They might say, 'We have no interest in having taxes on e-mail,' but if we allow the prohibition on Internet taxes to expire, then you open the door on cities and towns and states to tax e-mail or other aspects of Internet access," said Sen. John Sununu, a New Hampshire Republican. "We need to be honest about what we're endorsing and what we're opposing."