Federal

Calling an Article V Convention for proposing a Fiscal Responsibility Amendment to the United States Constitution and stipulating ratification by a vote of We the People, and for other purposes.

Source: Congress.gov · 794 words in original text

What This Bill Does

This concurrent resolution (a formal agreement between the House and Senate) calls Congress to hold a national convention to propose amendments to the U.S. Constitution. The bill states that enough state legislatures have applied for such a convention that Congress must now call one. The resolution says any amendments proposed at this convention must be ratified by votes of people in three-fourths of the states through state conventions. ##

Who It Affects

The bill affects Congress, state legislatures, the General Services Administrator (head of a federal agency that handles administrative tasks), state convention delegates and American voters in the states. ##

Key Provisions

- Congress calls a convention to propose amendments to the Constitution for a date and place to be determined when the convention is called (Sec. 1(a)(1)). - The exception to calling the convention applies if, within 60 days after this resolution is adopted, the House Clerk provides a written report stating there have never been active and continuing applications from at least 34 states for a convention on any national issues plus the single issue of fiscal responsibility (Sec. 1(a)(2)). - The House Clerk must include detailed findings for each state in any report submitted (Sec. 1(a)(2)(B)). - Any amendment proposed at the convention must be ratified by votes of people in 38 of the 50 states through state convention delegates who cannot reverse the vote of millions of citizens (Sec. 1(b)). - A copy of this resolution must be sent to the Administrator of General Services for submission to state legislatures (Sec. 2). ##

What Changes

If this resolution passes, Congress would formally call a constitutional amendment convention. State legislatures would receive notice. States would hold conventions where delegates chosen by voters would consider proposed amendments and vote on them. ##

Important Definitions

None defined in the bill text. ##

IV 118TH CONGRESS 1ST SESSION H. CON. RES. 24 Calling an Article V Convention for proposing a Fiscal Responsibility Amend- ment to the United States Constitution and stipulating ratification by a vote of We the People, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 14, 2023 Mr. ARRINGTON submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Calling an Article V Convention for proposing a Fiscal Re- sponsibility Amendment to the United States Constitu- tion and stipulating ratification by a vote of We the People, and for other purposes. Whereas Article V of the Constitution of the United States states that ‘‘The Congress . . . on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments’’ to the Con- stitution; Whereas congressional and State records of plenary applica- tions for amendments on any subject and applications for the single subject of Inflation-fighting Fiscal Responsi- bility Amendments compiled by the Article V Library counts Nevada’s ‘‘continuing’’ application, reported Feb- VerDate Sep 11 2014 02:49 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC24.IH HC24 kjohnson on DSK79L0C42PROD with BILLS 2 •HCON 24 IH ruary 8, 1979, in the Congressional Record, as the 34th thus achieving the ‘‘two thirds’’ congressional mandate to call the Convention for proposing amendments; congres- sional records reported 39 applications by the end of 1979, 40 in 1983, and 42 total applications over time; Whereas Alexander Hamilton in Federalist 85 stated that ‘‘The Congress ‘shall call a Convention’. Nothing in this particular is left to the discretion of that body’’; Whereas beginning in 1979, when Congress appears to have failed in its constitutional duty to count applications and call a ‘‘Convention for proposing Amendments’’, the Na- tion’s debt has increased to more than $31 trillion from $860 billion, while the value of the dollar has declined by over 75 percent; Whereas the Constitution was ratified by Convention dele- gates ‘‘chosen in each State by the People thereof’’, and the 21st Amendment, repealing Prohibition, was ratified in 1933 by a vote of the people for Yes-pledged delegates in 38 of 39 State Conventions; and Whereas the Supreme Court’s unanimous opinion in Chiafalo v. Washington stated: ‘‘electors . . . have no ground for reversing the vote of millions of its citizens. That direc- tion accords with the Constitution—as well as with the trust of the Nation that here, We the People rule.’’: Now, therefore, be it Resolved by the House of Representatives (the Senate 1 concurring), That 2 SECTION 1. CALL FOR ARTICLE V CONVENTION OF STATES. 3 (a) IN GENERAL.— 4 VerDate Sep 11 2014 02:49 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HC24.IH HC24 kjohnson on DSK79L0C42PROD with BILLS 3 •HCON 24 IH (1) CALL FOR CONVENTION; TIMING.—As pro- 1 vided in Article V of the Constitution of the United 2 States, and except as provided in paragraph (2), 3 Congress hereby calls a Convention for proposing 4 amendments to the Constitution of the United 5 States for a date and place to be determined on call- 6 ing the Convention. 7 (2) EXCEPTION.—Paragraph (1) does not apply 8 if, prior to the expiration of the 60-day period which 9 begins on the date of the adoption of this concurrent 10 resolution— 11 (A) the House Clerk provides a written re- 12 port stating there have never been unrescinded 13 and ‘‘continuing’’ applications for a Convention 14 to propose amendments from at least two-thirds 15 (34) of the States on any national issues (ple- 16 nary) plus the single issue of fiscal responsi- 17 bility; and 18 (B) the House Clerk includes in the report 19 detailed findings for each State. 20 (b) RATIFICATION OF AMENDMENTS BY STATES.— 21 Each proposed amendment at the Convention for pro- 22 posing amendments called under this section shall be rati- 23 fied by a vote of We the People in three-quarters (38) of 24 the States via State Convention delegates who shall ‘‘have 25 VerDate Sep 11 2014 02:49 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC24.IH HC24 kjohnson on DSK79L0C42PROD with BILLS 4 •HCON 24 IH no ground for reversing the vote of millions of its citizens’’ 1 (Chiafalo v. Washington). 2 SEC. 2. TRANSMISSION TO ADMINISTRATOR OF GENERAL 3 SERVICES. 4 A copy of this concurrent resolution shall be trans- 5 mitted to the Administrator of General Services for sub- 6 mission to the legislatures of the several States. 7 Æ VerDate Sep 11 2014 02:49 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HC24.IH HC24 kjohnson on DSK79L0C42PROD with BILLS

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