Bill Text: CA AJR27 | 2019-2020 | Regular Session | Introduced

California Assembly Joint Resolution 27 (Prior Session Legislation)

Introduced

Bill Title: Convention of states for proposing an amendment to the United States Constitution: federal balanced budget.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Introduced - Dead) 2020-02-15 - From printer. [AJR27 Detail]

Download: California-2019-AJR27-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Joint Resolution

No. 27

Introduced by Assembly Member Mayes

February 14, 2020

Relative to a federal balanced budget amendment.

LEGISLATIVE COUNSEL'S DIGEST

AJR 27, as introduced, Mayes. Convention of states for proposing an amendment to the United States Constitution: federal balanced budget.

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 for the limited purpose of requiring the federal government to operate under a balanced budget.

This measure would constitute a continuing application for such a 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 federal government has created a mounting national debt exceeding $17 trillion through improper and imprudent spending; and

WHEREAS, In 2004, 71 percent of the California electorate passed Proposition 58, the California Balanced Budget Act, which requires the Legislature of the State of California to pass a balanced budget every year; and

WHEREAS, Since 2004, California has slowly increased its reserves with annual surpluses since the 2012–13 budget cycle. In the current budget cycle, California is expected to have a $7 billion surplus. In addition to this current surplus, the state’s rainy day fund is on track to reach $18.3 billion; and

WHEREAS, These amounts of reserves and surpluses in California are in stark contrast to those of our federal government, which is currently running a $358 billion deficit in the first quarter of fiscal year 2020. Congress has completed appropriations before the start of the fiscal year only four times in the past 40 years. The last time Congress completed all bills on time was 24 years ago, in 1996; and

WHEREAS, The Legislature of the State of California finds the national debt and mounting deficits to be an existential threat to the solvency, security, and prosperity of United States; and

WHEREAS, The states, acting in convention, have equal authority and responsibility with Congress under Article V of the Constitution of the United States to propose an amendment to the Constitution of the United States; and

WHEREAS, The Legislature of the State of California determines that a significant number of states have passed resolutions applying for a convention to propose a balanced budget amendment pursuant to Article V of the Constitution of the United States; 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 an amendment to the United States Constitution through a convention of the states under Article V to require that the federal budget be balanced; 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 makes an application to the Congress of the United States to call a convention for proposing amendments to the United States Constitution pursuant to Article V of the United States Constitution for the limited purpose of requiring the federal government to operate under a balanced budget; and be it further

Resolved, That this application shall constitute a continuing application for such a convention 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 pursuant to Article V of the Constitution of the United States, the Legislature of the State of California joins in the application of the 28 other states 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 the Legislature of the State of California 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 convention of states proposing amendments pursuant to Article V of the United States Constitution; and be it further

Resolved, That the Legislature of the State of California adopt this application with the following understandings:

(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 the State of California may select delegates to such a convention and provide instructions to these delegates.

(10) The Legislature of the State 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 the State 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.

(13) The Legislature of the State 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 the State of California.