Bill Text: MS HC78 | 2017 | Regular Session | Introduced

Mississippi House Concurrent Resolution 78 (Prior Session Legislation)

Introduced

Bill Title: United States Constitutional Amendment Convention of the States under Article V; apply for certain restraints on federal government.

Spectrum: Partisan Bill (Republican 30-0)

Status: (Failed) 2017-03-29 - Died In Committee [HC78 Detail]

Download: Mississippi-2017-HC78-Introduced.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Rules

By: Representatives Eubanks, Hopkins, Brown, Formby, Currie, Smith, Aguirre, Boyd, Byrd, Carpenter, Chism, Criswell, Guice, Hale, Henley, Horne, Johnson (87th), Kinkade, McNeal, Moore, Pigott, Rushing, Scoggin, Shirley, Staples, Steverson, Touchstone, Tullos, Wilson, Zuber

House Concurrent Resolution 78

A CONCURRENT RESOLUTION APPLYING TO THE CONGRESS OF THE UNITED STATES TO CALL AN AMENDMENT CONVENTION OF THE STATES 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.

WHEREAS, the Founders of the United States Constitution empowered state legislators to be guardians of liberty against excessive use of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the United States Constitution; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

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 for the purpose of restraining these and related abuses of power; NOW, THEREFORE,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That:

SECTION 1. The Congress of the United States is hereby petitioned to propose an amendment to the Constitution of the United States, for submission to the states for ratification, to impose fiscal restraints on the federal government and limit the federal government's power and jurisdiction.

SECTION 2. Pursuant to Article V of the Constitution of the United States, the Legislature of the State of Mississippi, joins in the applications of the states of Georgia(SR 736, 2014), Florida(SM 476, 2014), Alaska(HJR 22, 2014), Alabama(HJR 112, 2015), Tennessee(SJ 67, 2016), Indiana(SJR 14, 2016), Oklahoma(SJR 4, 2016) and Louisiana(SCR 52, 2016), for a convention for the specific and exclusive purpose of proposing amendments to the Constitution of the United States limited to the purposes stated therein; provided, however, that the commissioners from Mississippi to said convention are expressly limited to consideration and support of amendments that impose fiscal restraints on the federal government, and amendments that limit the power and jurisdiction of the federal government, and no other amendments on any topic whatsoever.

SECTION 3. It is the express intention of the State Legislature that this application shall be aggregated with the applications of the above-mentioned states and with subsequent applications of other states limited to the purposes identified in this application and in those applications of the above-mentioned states.

SECTION 4. This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds (2/3) of the several states have made applications for a similar convention under Article V, or the Mississippi Legislature acts to withdraw this application.

SECTION 5. The Mississippi Legislature adopts this application expressly subject to the following reservations, understandings and declarations:

(a) An application to the Congress of the United States to call an Amendment Convention of the States pursuant to Article V of the United States Constitution confers no power to Congress other than the power to call such a Convention. The power of Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a Convention;

(b) 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;

(c) Congress does not have the power or authority to determine any rules for the governing of a Convention for proposing amendments called pursuant to Article V of the United States Constitution. 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. The power to name delegates remains exclusively within the authority of the legislatures of the several states;

(d) By definition, an Amendment Convention of the States means that states shall vote on the basis of one state, one vote;

(e) A Convention for proposing amendments convened pursuant to this application shall be limited to consideration of the topics specified herein and no other. 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 shall not be authorized for consideration at any stage. This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights;

(f) Pursuant to Article V of the United States Constitution, Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The Mississippi Legislature recommends that Congress select ratification by the legislatures of the several states; and

(g) The Mississippi Legislature may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided.

BE IT FURTHER RESOLVED, That a certified copy of this application be transmitted by the Secretary of State, to the President of the United States Senate, to the Speaker of the United States House of Representatives, to each member of the Mississippi delegation to the United States Congress, and to the presiding officers of each house of the several state Legislatures, requesting their cooperation in applying for the Amendment Convention limited to the subject matter contemplated by this application.