Iowa-2019-SJR6-Introduced

Senate Joint Resolution 6 - Introduced SENATE JOINT RESOLUTION 6 BY KINNEY SENA TE JOINT RESOLUTION A Joint Resolution requesting the calling of a constitutional 1 convention for the exclusive purpose of proposing an 2 amendment to the United States Constitution that will 3 restore balance and integrity to our elections. 4 WHEREAS, the framers of the Constitution of the United 5 States of America intended that the Congress of the United 6 States of America should be “dependent on the people alone”, as 7 James Madison wrote in Federalist number 52; and 8 WHEREAS, that dependency has evolved from a dependency on 9 the people alone to a dependency on powerful special interests, 10 through campaigns or third-party groups, that has created a 11 fundamental imbalance in our representative democracy; and 12 WHEREAS, Americans across the political spectrum agree that 13 elections in the United States of America should be free from 14 the disproportional influence of special interests and fair 15 enough that any citizen can be elected into office; and 16 WHEREAS, the Constitution of the State of Iowa states: “All 17 political power is inherent in the people. Government is 18 instituted for the protection, security, and benefit of the 19 people, and they have the right, at all times, to alter or 20 reform the same, whenever the public good may require it.”; and 21 WHEREAS, Article V of the Constitution of the United States 22 requires Congress to call a convention for proposing amendments 23 to the Constitution of the United States on the application of 24 two-thirds of the legislatures of the several states; and 25 WHEREAS, the general assembly perceives the need for a 26 constitutional convention to restore balance and integrity to 27 our elections by proposing an amendment to the Constitution of 28 the United States that will permanently protect free and fair 29 elections in America by addressing, among other things, issues 30 raised by the decisions of the United States supreme court in 31 TLSB 1732XS (4) 88 ss/jh

Senate Joint Resolution 6 - Introduced Citizens United v. Federal Election Commission, 558 U.S. 310 32 (2010), and related cases and events, and desires that said 33 convention should be so limited; and 34 WHEREAS, the state of Iowa desires that the delegates to said 35 convention shall be comprised equally of individuals currently 36 elected to state and local office, or be selected by election, 37 in each congressional district for the purpose of serving as 38 delegates, though all individuals elected or appointed to 39 federal office, now or in the past, be prohibited from serving 40 as delegates to the convention, and intends to retain the 41 ability to restrict or expand the power of its delegates within 42 the limits expressed herein; and 43 WHEREAS, the state of Iowa intends that this be a continuing 44 application considered together with applications calling for a 45 convention passed in the 2013-2014 Vermont legislature as R454, 46 the 2013-2014 California legislature as resolution chapter 77, 47 the 98th Illinois general assembly as senate joint resolution 48 42, the 2014-2015 New Jersey legislature as senate concurrent 49 resolution 132, the 2015-2016 Rhode Island legislature as house 50 resolution 7670 and senate resolution 2589, and all other 51 passed, pending, and future applications until such time as 52 two-thirds of the several states have applied for a convention 53 for a similar purpose and said convention is convened by 54 Congress; NOW THEREFORE, 55 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 56 TLSB 1732XS (4) 88 ss/jh

S.J.R. 6 That the general assembly, as the legislature of the state of 1 Iowa, pursuant to Article V of the Constitution of the United 2 States, hereby applies to the United States Congress to call a 3 convention for the exclusive purpose of proposing an amendment 4 to the Constitution of the United States that will restore free 5 and fair elections as described herein, as soon as two-thirds 6 of the several states have applied for a convention for a 7 similar purpose. 8 BE IT FURTHER RESOLVED, That the secretary of the Iowa senate 9 transmit copies of this resolution to the president of the 10 United States; the vice president of the United States in his 11 capacity as presiding officer of the United States senate, 12 the speaker of the United States house of representatives, the 13 minority leader of the United States house of representatives, 14 the president pro tempore of the United States senate, to 15 each senator and representative from Iowa in the Congress 16 of the United States with the respectful request that the 17 full and complete text of this resolution be printed in the 18 congressional record, and to the presiding officers of each 19 legislative body of each of the several states, requesting the 20 cooperation of the states in issuing an application compelling 21 Congress to call a convention for proposing amendments pursuant 22 to Article V of the Constitution of the United States. 23 BE IT FURTHER RESOLVED, That this application constitutes 24 a continuing application in accordance with article v of the 25 constitution of the United States until the legislatures of at 26 least two-thirds of the several states have made applications 27 on the same subject. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This joint resolution constitutes a petition requesting the 32 United States Congress to call a constitutional convention 33 for the exclusive purpose of proposing an amendment to the 34 Constitution of the United States responding to the United 35 -1- LSB 1732XS (4) 88 ss/jh 1/ 3

S.J.R. 6 States supreme court’s decision in Citizens United v. Federal 1 Election Commission and relating to election fairness and 2 corporate political speech and submit it to the states for 3 ratification. 4 The joint resolution calls for the convention to be 5 comprised equally of individuals currently elected to state and 6 local office, or be selected by election, in each congressional 7 district for the purpose of serving as delegates. The joint 8 resolution prohibits all individuals who have ever been elected 9 or appointed to federal office from serving as delegates. The 10 joint resolution reserves to the state of Iowa the ability to 11 restrict or expand the power of its delegates. 12 The joint resolution also provides that it shall serve as 13 a continuing application to call a constitutional convention, 14 until at least two-thirds of the legislatures of the several 15 states have made application for a similar convention and the 16 convention is convened by Congress. 17 The joint resolution provides that it shall serve as a 18 continuing application to call a constitutional convention 19 until at least two-thirds of the legislatures of the several 20 states have made applications on the same subject. 21 The joint resolution also requires that the secretary of 22 the Iowa senate transmit copies of this resolution to the 23 president of the United States, the vice president of the 24 United States in his capacity as presiding officer of the 25 United States senate, the speaker of the United States house of 26 representatives, the minority leader of the United States house 27 of representatives, the president pro tempore of the United 28 States senate, to each senator and representative from Iowa in 29 the Congress of the United States with the request that the 30 complete text of the resolution be printed in the congressional 31 record, and to the presiding officers of each legislative body 32 of each of the several states, requesting the cooperation of 33 the states in issuing an application compelling Congress to 34 call a convention for proposing amendments pursuant to Article 35 -2- LSB 1732XS (4) 88 ss/jh 2/ 3