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NEWSS1/28/19 RELEASESH2/11/19 HELPFUL92nd LINKSGeneral IntroducedAssembly VersionRegular «Session, House2019 ConcurrentSJR Resolution3 575 HistoryBy:  |  Email Key:

GreenSenators =G. existing Code.

RedStubblefield, =Caldwell, newHickey, codeHill, toRice, beFlippo, enacted HOUSE CONCURRENT RESOLUTION 57 (By Delegates Overington, Blair, Butler, Ellington, Espinosa, A.

Evans,Clark, Fast,Hester, Folk,B. Foster, Frich, Gearheart, Graves, Hamilton, Hamrick, Harshbarger, Higginbotham, Hill, Householder, Howell, Kessinger, Martin, Maynard, Pack, Paynter, Phillips, Queen, Rohrbach, C.

Romine,Ballinger, R.Rapert, D.

Romine,Wallace, Sobonya,Bledsoe, Statler,K. Storch, Summers, Sypolt, Walters, Ward, Westfall, Wilson, Zatezalo, Upson, Adkins, Dean, Marcum and Jennings) [Introduced February 8, 2018;

ReferredHammer, toJ. the Committee on the Judiciary then Rules]   Applying to the Congress of the United States to call a convention for proposing amendments pursuant to Article V of the United States Constitution limited to proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress;

andCooper, adoptingT. certain reservations, understandings and declarations limiting the application.

SECTIONGarner, 1.Irvin, B.

ApplicationDavis, forM. a convention for proposing amendments.

Whereas,Johnson ExecutiveBy: orders by the President of the United States have become a vehicle through which the President may overstep the limits of his constitutional authority;

andRepresentatives Whereas,McCollum, TheEubanks, concentrationM. of power at the federal level has had the effect of making federal officials less responsive to the will of the people and more readily influenced by lobbyists, wealthy corporations and special interests in Washington, D.

C.;Gray, A.

andDavis, Whereas,B. Much of federal law is now enacted by federal bureaucrats who were never chosen by the people and have no accountability to the people whatsoever;

andSmith, Whereas,Beck, PolicyBentley, decisionsBrown, madeC. at the state level tend to be more responsive to the needs and desires of the people;

andCooper, Whereas,Dotson, TheFortner, federalGonzales, governmentHollowell, hasLadyman, createdLundstrum, aLynch, crushingS. national debt through improper and imprudent spending;

andMeeks, Whereas,Payton, ThePilkington, federalRichmond, governmentRushing, hasRye, invadedSorvillo, theSullivan, legitimateVaught, rolesWomack ofSENATE theJOINT statesRESOLUTION throughAPPLYING theTO manipulativeTHE processUNITED ofSTATES federalCONGRESS mandates,TO manyCALL ofA whichCONVENTION areFOR unfundedPROPOSING toAMENDMENTS aPURSUANT greatTO extent;ARTICLE V OF THE UNITED STATES CONSTITUTION, LIMITED TO PROPOSING AMENDMENTS THAT IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS AND FOR MEMBERS OF THE UNITED STATES CONGRESS.

andSubtitle Whereas,APPLYING TheTO statesTHE haveUNITED theSTATES abilityCONGRESS toTO restoreCALL theA responsivenessCONVENTION ofFOR governmentPROPOSING toAMENDMENTS thePURSUANT peopleTO andARTICLE toV restrainOF abusesTHE ofUNITED federalSTATES powerCONSTITUTION. by proposing amendments to the Constitution of the United States through a limited Convention of the States under Article V;

therefore,WHEREAS, the founders of the United States Constitution empowered state legislators to be itguardians Resolvedof byliberty theagainst Legislatureexcessive use of Westpower Virginia:by the federal government;

That it hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdictionWHEREAS, of the federal government,government andhas limitcreated thea termscrushing ofnational officedebt forthrough itsimproper officials and forimprudent membersspending; of Congress;

and, be it Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution, Legislative Call and applicationWHEREAS, to the Presidentfederal andgovernment Secretaryhas ofceased the United States Senate and to theoperate Speakerunder anda Clerkproper of*MBM054* the12-19-2016 United14:29:50 StatesMBM054 HouseAs ofEngrossed: Representatives, and copies to the members of the said Senate and House of Representatives from this State;

alsoS1/28/19 toH2/11/19 transmitSJR3 copiesinterpretation hereof to the presiding officers of each of the legislativeUnited housesStates inConstitution; the several states, requesting their cooperation;

and,and be3 itWHEREAS, Furtherthe Resolved,federal Thatgovernment thishas applicationinvaded constitutesthe alegitimate continuingroles application in accordance with Article V of the Constitutionstates ofthrough the Unitedmanipulative Statesprocess until the legislatures of atfederal leastmandates, twomost thirds of thewhich severalare statesunfunded haveto madea applicationsgreat onextent; the same subject.

SECTIONand 2.7 WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, by proposing amendments to the United States Constitution through a convention of the states under Article V of the United States Constitution for the purpose of restraining these and related abuses of power, NOW THEREFORE, BE IT RESOLVED BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:

Reservations,THAT understandingsthe General Assembly hereby applies to the United States Congress, under the provisions of Article V of the United States Constitution, for the calling of a convention of the states limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and declarations.jurisdiction of the federal government, and limit the terms of office for its officials and for members of the United States Congress.

TheBE WestIT VirginiaFURTHER LegislatureRESOLVED adoptsTHAT the Secretary of the Senate is hereby directed to transmit copies of this application expresslyto subjectthe toPresident of the followingUnited reservations,States understandingsSenate, the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Clerk of the United States House of Representatives, the members of the Arkansas congressional delegation, and declarations:the presiding officers of each house of the legislatures in the several states, requesting their cooperation.

1.BE IT FURTHER RESOLVED THAT this application constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two-thirds (2/3) of the several states 12-19-2016 14:29:50 MBM054 As Engrossed:

AnS1/28/19 applicationH2/11/19 toSJR3 thehave Congressmade ofapplications theon United States to call an amendment convention of the statessame pursuantsubject. to Article V of the United States Constitution confers no power to Congress other than the power to call such a convention.

The3 powerBE ofIT CongressFURTHER toRESOLVED exerciseTHAT thisthe ministerialGeneral dutyAssembly consistsadopts solelythis ofapplication theexpressly authoritysubject to namethe afollowing reasonablereservations, timeunderstandings, and placedeclarations: for the initial meeting of a convention;

2.(1) An application to the United States Congress to call an amendment convention of the states pursuant to Article V of the United States Constitution confers no power to the United States Congress other than the power to call such a convention.

CongressThe shallpower perform its ministerial duty of callingthe anUnited amendmentStates conventionCongress ofto theexercise statesthis onlyministerial uponduty theconsists receiptsolely of applications for an amendment convention for the substantiallyauthority sameto purposename asa thisreasonable applicationtime fromand twoplace thirdsfor of the legislaturesinitial meeting of thea severalconvention; states;

3.(2) The United States Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two-thirds (2/3) of the legislatures of the several states;

(3) The United States Congress does not have the power or authority to determine any rules for the governing of ana amendment convention offor theproposing statesamendments called pursuant to Article V of the United States Constitution.

The United States Congress does not have the power to set the number of delegates to be sent by any state to such a convention, nor does it have the power to name delegates to such a convention.

4.(4) By definition, an amendment convention of the states means that states shall vote on the basis of one (1) state, one (1) vote;

By(5) definition,A anconvention amendmentfor conventionproposing ofamendments theconvened statespursuant meansto thatthis statesapplication shall votebe onlimited theto basisconsideration of onethe state,topics onespecified vote;herein and no other.

5.This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights of the United States Constitution shall not be authorized for consideration at any stage.

AThis conventionapplication ofshall thebe statesvoid convenedab pursuantinitio toif thisever applicationused shallat beany limitedstage to considerationconsider any change to any provision of the topicsBill specifiedof hereinRights andof nothe other.United States Constitution;