Bill Text: CA AJR10 | 2015-2016 | Regular Session | Introduced
Bill Title: Federal constitutional convention: application.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AJR10 Detail]
Download: California-2015-AJR10-Introduced.html
BILL NUMBER: AJR 10 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Grove
FEBRUARY 27, 2015
Relative to a federal constitutional convention.
LEGISLATIVE COUNSEL'S DIGEST
AJR 10, as introduced, Grove. Federal constitutional convention:
application.
This measure would constitute an application to the United States
Congress to call a constitutional convention pursuant to Article V of
the United States Constitution limited to proposing amendments to
the United States Constitution that impose fiscal restraints on the
federal government and limit the power and jurisdiction of the
federal government.
This measure would constitute a continuing application for such
convention until the legislatures of 2/3 of the states have made
applications on the same subject and the convention has been called
by the Congress of the United States.
Fiscal committee: no.
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 mounting national
debt exceeding $17 trillion through improper and imprudent spending;
and
WHEREAS, The federal government has usurped the legitimate roles
of the states through unfunded federal mandates; and
WHEREAS, The federal government has ceased to operate under a
proper interpretation of the Tenth Amendment to the United States
Constitution; 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 to place clear restraints on
these and related excessive uses of power; now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
hereby make application to the Congress of the United States to call
an amendment convention pursuant to Article V of the United States
Constitution limited to proposing amendments to the United States
Constitution that impose fiscal restraints on the federal government
and limit the power and jurisdiction of the federal government; and,
be it further
Resolved, That pursuant to Article V of the Constitution of the
United States, the Legislature of the State of California joins in
the application of the states of Georgia (SR 736 (2014)), Florida (SM
476 (2014)), and Alaska (HJR 22 (2014)) for a convention for the
sole and exclusive purpose of proposing amendments to the
Constitution of the United States limited to the purposes stated
therein, provided, however, that the delegates from California to
said convention are expressly limited to consideration and support
for amendments that impose fiscal restraints on the federal
government, and which limit the power and jurisdiction of the federal
government. It is the express intention of this Legislature that
this application shall be aggregated with the subsequent applications
of other states limited to the purposes identified in this
application or those of the states named above; and, be it further
Resolved, That the other states be encouraged to make similar
applications for an amendment convention pursuant to Article V of the
United States Constitution; and, be it further
Resolved, That this application shall constitute a continuing
application for such amendment convention pursuant to Article V of
the United States Constitution until the legislatures of two-thirds
of the states have made applications on the same subject and such
convention has been called by the Congress of the United States; and,
be it further
Resolved, that the Legislature of California adopt this
application with the following understandings (as the term
"understandings" is used within the context of "reservations,
understandings, and declarations"):
1. An application to Congress for an Article V convention confers
no power on Congress other than to perform a ministerial function to
"call" a convention;
2. This ministerial duty shall be performed by Congress only when
Article V applications for substantially the same purpose are
received from two-thirds of the legislatures of the several states;
3. The power of Congress to "call" a convention solely consists of
the authority to name a reasonable time and place for the initial
meeting of the Convention;
4. Congress possesses no power whatsoever to name delegates to
said convention, as this power remains exclusively within the
authority of the legislatures of the several states;
5. Congress possesses no power to set the number of delegates to
be sent by any state;
6. Congress possesses no power whatsoever to determine any rules
for said convention;
7. By definition, a convention of states means that states vote on
the basis of one state, one vote;
8. A convention of states convened pursuant to this application is
limited to consideration of topics specified herein and no other;
9. The Legislature of California may provide instructions to its
delegates (commissioners);
10. The Legislature of California may recall its delegates at any
time for breach of their duties or violation of their instructions;
11. Pursuant to the text of Article V, Congress may determine
whether proposed amendments shall be ratified by the legislatures of
the several states or by special state ratification conventions; the
Legislature of California recommends that Congress specify its choice
of ratification methodology contemporaneously with the call for the
convention;
12. Congress possesses no power whatsoever with regard to the
Article V convention beyond the two powers acknowledged herein; and
13. The Legislature of California places express reliance on prior
legal and judicial determinations that Congress possesses no power
under Article I of the United States Constitution relative to the
Article V process and that Congress must act only as expressly
specified in Article V; and, be it further
Resolved,That the Chief Clerk of the Assembly transmit copies of
this resolution to the President of the United States, the Speaker
and the Clerk of the United States House of Representatives, the
President and the Secretary of the United States Senate, each member
of the California Congressional Delegation, and the legislatures of
each of the several states, attesting the adoption of this resolution
by the Legislature of California.
