Bill Text: IA HJR2008 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A joint resolution requesting the call of a constitutional convention, or in the alternative requesting the United States Congress, to propose an amendment to the Constitution of the United States repealing the Seventeenth Amendment to the United States Constitution relating to the direct election of senators.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-03-03 - Subcommittee, Vander Linden, Highfill, and Mascher. H.J. 377. [HJR2008 Detail]
Download: Iowa-2013-HJR2008-Introduced.html
House
Joint
Resolution
2008
-
Introduced
HOUSE
JOINT
RESOLUTION
2008
BY
HEARTSILL
,
SCHULTZ
,
and
SHEETS
HOUSE
JOINT
RESOLUTION
A
Joint
Resolution
requesting
the
call
of
a
constitutional
1
convention,
or
in
the
alternative
requesting
the
United
2
States
Congress,
to
propose
an
amendment
to
the
Constitution
3
of
the
United
States
repealing
the
Seventeenth
Amendment
4
to
the
United
States
Constitution
relating
to
the
direct
5
election
of
senators.
6
WHEREAS,
the
original
intent
of
the
authors
of
the
United
7
States
Constitution
with
regard
to
the
legislative
branch
was
8
to
divide
the
legislature
into
two
different
branches,
and
both
9
of
these
branches
were
to
have
different
modes
of
election
and
10
different
principles
of
action;
and
11
WHEREAS,
in
the
Federalist
Papers
No.
45,
James
Madison
12
stated,
“The
Senate
will
be
elected
absolutely
and
exclusively
13
by
the
State
legislatures”;
and
14
WHEREAS,
the
original
purpose
of
the
United
States
15
Senate
was
to
protect
the
sovereignty
of
the
states
from
16
the
federal
government
and
to
give
each
individual
state
17
government
representation
in
the
federal
legislative
branch
of
18
government;
and
19
WHEREAS,
the
Seventeenth
Amendment
has
resulted
in
a
large
20
federal
government
with
power
and
control
that
cannot
be
21
checked
by
the
states;
and
22
WHEREAS,
with
the
repeal
of
the
Seventeenth
Amendment,
no
23
law
or
resolution
could
be
passed
without
the
concurrence
of
a
24
majority
of
the
representatives
of
the
people
and
a
majority
of
25
the
representatives
of
the
states;
and
26
WHEREAS,
the
repeal
of
the
Seventeenth
Amendment
would
27
restore
the
provision
of
the
United
States
Constitution
that
28
the
United
States
Senators
be
accountable
to
their
respective
29
state
legislatures
by
whom
they
were
elected;
and
30
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House
Joint
Resolution
2008
-
Introduced
WHEREAS,
since
the
ratification
of
the
Seventeenth
Amendment
31
in
1913,
the
size
and
scope
of
the
federal
government
has
grown
32
exponentially
and
severely
weakened
the
powers
held
by
the
33
individual
states
and
the
people
as
acknowledged
by
the
Tenth
34
Amendment
to
the
United
States
Constitution;
and
35
WHEREAS,
the
United
States
Senate
was
designed
to
protect
36
the
rights
and
interests
of
the
individual
states,
and
the
37
repeal
of
the
Seventeenth
Amendment
would
help
to
prevent
the
38
many
unfunded
mandates
passed
onto
those
states
by
the
federal
39
government;
NOW
THEREFORE,
40
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
41
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That
pursuant
to
Article
V
of
the
Constitution
of
the
United
1
States,
the
general
assembly,
as
the
legislature
of
the
state
2
of
Iowa,
makes
application
to
the
Congress
of
the
United
States
3
to
call
a
convention
for
the
specific
and
exclusive
purpose
4
of
proposing
an
amendment
to
the
Constitution
of
the
United
5
States,
for
submission
to
the
states
for
ratification.
6
BE
IT
FURTHER
RESOLVED,
That
if,
within
sixty
days
after
7
the
legislatures
of
two-thirds
of
the
states
make
application
8
for
such
convention,
Congress
proposes
and
submits
to
the
9
states
for
ratification
an
amendment
to
the
Constitution
of
10
the
United
States
to
repeal
the
Seventeenth
Amendment
to
the
11
Constitution
of
the
United
States,
in
a
manner
substantially
12
similar
to
the
manner
contained
in
this
Joint
Resolution,
then
13
this
application
for
a
convention
shall
no
longer
be
of
any
14
force
and
effect.
15
BE
IT
FURTHER
RESOLVED,
That
if
the
convention
is
not
16
limited
to
the
specific
and
exclusive
purposes
of
this
Joint
17
Resolution,
this
application
and
request
shall
be
null
and
18
void,
and
shall
be
rescinded
and
of
no
effect.
19
BE
IT
FURTHER
RESOLVED,
That
this
application
constitutes
20
a
continuing
application
in
accordance
with
Article
V
of
the
21
Constitution
of
the
United
States,
until
at
least
two-thirds
22
of
the
legislatures
of
the
several
states
have
made
application
23
for
a
similar
convention
under
Article
V,
or
the
Congress
has
24
proposed
the
amendment
called
for
by
this
Joint
Resolution,
or
25
the
general
assembly
acts
to
withdraw
this
application.
26
“ARTICLE
27
SECTION
1.
The
seventeenth
article
of
amendment
to
the
28
Constitution
of
the
United
States
is
hereby
repealed.
29
SEC.
2.
This
amendment
shall
not
be
so
construed
as
to
30
affect
the
election
or
term
of
any
Senator
chosen
before
it
31
becomes
valid
as
part
of
the
Constitution.”;
and
32
BE
IT
FURTHER
RESOLVED,
That
the
secretary
of
state
33
shall
transmit
certified
copies
of
this
Joint
Resolution
34
to
the
president
and
secretary
of
the
United
States
35
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H.J.R.
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senate,
the
speaker
and
clerk
of
the
United
States
house
of
1
representatives,
the
presiding
officer
in
each
house
of
the
2
legislature
in
each
of
the
states
in
the
union,
and
each
member
3
of
the
Iowa
congressional
delegation.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
joint
resolution
constitutes
a
petition
requesting
the
8
United
States
Congress
to
call
a
constitutional
convention
to
9
repeal
the
Seventeenth
Amendment
to
the
Constitution
of
the
10
United
States.
11
The
joint
resolution
also
provides
that
it
shall
serve
as
12
a
continuing
application
to
call
a
constitutional
convention,
13
until
at
least
two-thirds
of
the
legislatures
of
the
several
14
states
have
made
application
for
a
similar
convention
or
15
the
Congress
has
proposed
the
amendment
called
for
by
this
16
joint
resolution.
The
joint
resolution
requires
that
if
17
Congress
proposes
and
submits
to
the
states
for
ratification
an
18
amendment
to
the
Constitution
of
the
United
States
to
repeal
19
the
Seventeenth
Amendment
within
60
days
after
the
requisite
20
number
of
legislatures
make
application
for
a
constitutional
21
convention,
then
this
state’s
application
for
a
convention
22
shall
no
longer
have
any
force
and
effect.
The
joint
23
resolution
provides
that
the
general
assembly
may
withdraw
this
24
application.
25
The
joint
resolution
provides
that
if
the
constitutional
26
convention
is
not
limited
to
the
specific
and
exclusive
27
purposes
of
the
resolution,
that
the
application
and
request
28
shall
be
null
and
void,
and
shall
be
rescinded
and
of
no
29
effect.
30
The
proposed
amendment
to
the
Constitution
of
the
United
31
States
contained
in
the
joint
resolution
would
repeal
the
32
Seventeenth
Amendment
to
the
Constitution
of
the
United
States,
33
but
would
require
that
such
repeal
not
be
so
construed
to
34
affect
the
election
or
term
of
any
senator
chosen
before
the
35
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amendment
becomes
a
valid
part
of
the
Constitution.
1
The
Seventeenth
Amendment
requires
that
the
senate
of
2
the
United
States
be
composed
of
two
senators
from
each
3
state,
elected
by
the
electors
of
the
respective
states.
The
4
amendment
also
requires
United
States
Senate
electors
have
the
5
same
qualifications
requisite
for
electors
of
the
most
numerous
6
chamber
in
that
state
legislature.
The
amendment
requires
7
that
when
a
vacancy
occurs
in
a
state’s
representation
in
the
8
senate,
that
the
governor
of
the
state
call
an
election
to
fill
9
the
vacancy,
however,
the
amendment
further
provides
that
the
10
state
legislatures
may
empower
the
governor
to
make
temporary
11
appointments
until
an
election
is
held
to
fill
the
vacancy.
12
With
the
repeal
of
the
Seventeenth
Amendment,
Article
I,
13
Section
3
of
the
Constitution
of
the
United
States
would
govern
14
the
election
of
United
States
senators
and
the
filling
of
15
vacancies
in
that
chamber.
Article
I,
Section
3,
requires
that
16
the
two
senators
from
each
state
be
chosen
by
the
legislature
17
of
that
state.
Article
I,
Section
3,
also
requires
that
if
18
senate
vacancies
occur
while
the
respective
state
legislature
19
is
in
recess
that
the
governor
may
make
a
temporary
appointment
20
to
the
senate
until
the
state
legislature
has
reconvened.
21
The
joint
resolution
requires
the
Secretary
of
State
to
22
transmit
certified
copies
of
this
resolution
to
the
President
23
and
Secretary
of
the
United
States
Senate,
the
Speaker
and
24
Clerk
of
the
United
States
House
of
Representatives,
the
25
presiding
officer
in
each
house
of
the
legislature
in
each
26
of
the
states
in
the
union,
and
to
each
member
of
the
Iowa
27
congressional
delegation.
28
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