Bill Text: NC H935 | 2011-2012 | Regular Session | Amended


Bill Title: Rescind Constitutional Convention Calls

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-14 - Ref To Com On Rules, Calendar, and Operations of the House [H935 Detail]

Download: North_Carolina-2011-H935-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE JOINT RESOLUTION 935

 

 

 

Sponsors:

Representative Jordan (Primary Sponsor).

For a complete list of Sponsors, see Bill Information on the NCGA Web Site.

Referred to:

Rules, Calendar, and Operations of the House.

June 15, 2011

A JOINT RESOLUTION to repeal past joint resolutions of the north carolina general assembly calling for a federal constitutional convention because of concerns that such a constitutional convention could not be limited.

Whereas, Article V of the Constitution of the United States provides that upon the application of the legislatures of two‑thirds of the several states, Congress shall call a constitutional convention; and

Whereas, past General Assemblies have passed joint resolutions calling for federal constitutional conventions; and

Whereas, there are much less cumbersome methods of making needed changes to the Constitution of the United States than an Article V Constitutional Convention, as has been demonstrated 27 times in the past; and

Whereas, there is great concern that a federal constitutional convention would not be limited in the matters that it could consider, and such a convention could cause a great threat to the liberties of the citizenry and to our form of government; Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

SECTION 1.  The following joint resolutions are repealed:

(1)        Resolution of the Regular Session of 1866‑67, entitled "RESOLUTIONS PROPOSING THE CALL OF A NATIONAL CONVENTION", ratified March 2, 1867, calling a convention "to propose such amendments to the Constitution as shall seem fitted to promote the general welfare, the peace, harmony and prosperity of the Union of the United States."

(2)        Resolution of the Regular Session of 1907, ratified  March 11, 1907, entitled "A JOINT RESOLUTION RELATIVE TO AMENDING THE CONSTITUTION OF THE UNITED STATES TO PROVIDE FOR THE ELECTION OF THE UNITED STATES SENATORS BY THE DIRECT VOTE OF THE PEOPLE OF THE RESPECTIVE STATES", calling a convention for such purpose.

(3)        Resolution 37 of the Regular Session of 1949, ratified April 20, 1949, entitled "A RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES CONCERNING CERTAIN PROPOSED CONSTITUTIONAL AMENDMENTS AUTHORIZING THE UNITED STATES TO NEGOTIATE WITH OTHER NATIONS RELATING TO A WORLD FEDERAL GOVERNMENT WITH LIMITED POWERS ADEQUATE TO ASSURE PEACE", proposing a constitutional convention for such purpose or to propose amendments to ratify a world constitution presented by the United Nations.

(4)        Resolution 60 of the Regular Session of 1965, ratified May 12, 1965, entitled "A JOINT RESOLUTION MEMORIALIZING CONGRESS TO CALL A CONVENTION FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO THE APPORTIONMENT OF STATE LEGISLATURES", proposing an amendment allowing states to use factors other than population in apportioning one house of a bicameral legislature if approved by the voters.

(5)        Resolution 5 of the Regular Session of 1979, ratified January 29, 1979, entitled "A JOINT RESOLUTION APPLYING TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO REQUIRE A BALANCED FEDERAL BUDGET", calling a convention for such purpose.

(6)        Any other joint resolution not enumerated above which applies to the Congress of the United States to call a constitutional convention.

SECTION 2.  The Secretary of State shall send a certified copy of this resolution to the Secretary of the United States Senate and the Clerk of the United States House of Representatives.

SECTION 3.  This resolution is effective upon ratification.

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