Resolution Demanding Congress Call the Fiscally Responsible Amendment Convention as Article V Mandated in 1979 Stipulating Ratification by State Convention, where “We the People Rule
| Model Bill Info | |
|---|---|
| Bill Title | Resolution Demanding Congress Call the Fiscally Responsible Amendment Convention as Article V Mandated in 1979 Stipulating Ratification by State Convention, where “We the People Rule |
| Date Introduced | November 29, 2023 |
| Type | Model Resolution |
| Status | Draft |
| Task Forces | Federalism and International Relations |
Resolution Demanding Congress Call the Fiscally Responsible Amendment Convention as Article V Mandated in 1979 Stipulating Ratification by State Convention, where “We the People Rule
Whereas, Article V “equally” enables the States and Congress to propose Amendments to the United States Constitution; and
Whereas, the Constitution mandates that Congress “shall call a Convention for Proposing Amendments” … “upon the Application of two-thirds of the several States:” and
Whereas, Congress has usurped the States’ “equal” right to propose amendments since 1788 by never authenticating, acknowledging, securely storing, or notifying the States of the Application Count to “two-thirds” as they, by law, provide for Ratification Resolutions; and
Whereas, Congressional Records compiled by the Article V Library listed five times Congress apparently failed to call the Convention, including 1908-Direct Election of US Senators, 1943-Federal Income Tax Limitation (25%), 1965-Apportionment, (voter-approved)1979-Fiscal Responsibility, and 1980-Right to Life; and
Whereas, since 1979, when Congressional Records listed by the Article V Library include 39 Applications for any/all subjects or to address inflation-driven economic hardship, the national debt has increased from $850 billion to more than $33 trillion, and the dollar has been devalued by more than 75%; and
Whereas, George Washington stated in his farewell address: “The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all”; and
Whereas, the Constitution was ratified by Convention delegates ‘‘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 39 of 40 State Conventions; and
Whereas, every state but Hawaii has Petitioned Congress for Redress of grievances in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury. Congress is thus marked by every act which may define a Tyrant who is unfit to be the Ruler where, according to the US Supreme Court in Chiafalo v. Washington, “We the People Rule.”
NOW, THEREFORE, THIS STATE LEGISLATIVE CHAMBER:
SECTION 1. Congress “Shall Call the Convention for proposing Amendments” as they were Constitutionally mandated since 1979.
SECTION 2. Failure to Call the Convention for proposing a Fiscally Responsible Amendment and stipulate State Convention Ratification within [DAYS] will result in the state of [STATE] commencing federal court action.
SECTION 3. Requires any proposed Amendments by Congress or Convention for proposing Amendments to be ratified by State ratifying Conventions, where “We the People Rule.”
SECTION 4. Requires [LEGISLATURE’S COUNCIL, ATTORNEY GENERAL, GOVERNOR] of this State to join with the several states to seek judicial enforcement of Article V’s mandate that Congress “shall call the Convention for proposing Amendments on the Application of two-thirds of the several states.”
SECTION 5. Requires copies of this Resolution be transmitted to the President of the United States, President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and the members of the United States Senate and the United States House of Representatives from this State, to the presiding officers of each of the legislative houses in the several States, requesting their cooperation in this endeavor.
