Bill Text: MO HCR9 | 2011 | Regular Session | Introduced
Bill Title: Submits an official application by the State of Missouri for the calling of a federal amendment convention
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-05 - Dropped from Calendar - Rule 44 (H) [HCR9 Detail]
Download: Missouri-2011-HCR9-Introduced.html
FIRST REGULAR SESSION
House Concurrent Resolution No. 9
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BARNES (Sponsor), JONES (89), RICHARDSON, BROWN (85), CROSS, McCAHERTY, BERNSKOETTER, BROWN (116), SMITH (150), FREDERICK, LANT, FITZWATER, WYATT, NANCE, BERRY, REIBOLDT, DIEHL, RIDDLE, ELMER, JONES (117) AND COOKSON (Co-sponsors).
AN ACT
Relating to the calling of an amendment convention.
Be it enacted by the General Assembly of the state of Missouri, as follows:
WHEREAS, Article V of the Constitution of the United States provides that "on application of the legislatures of two-thirds of the several states" the calling of a convention for the purpose of proposing amendments to such Constitution is authorized; and
WHEREAS, any amendment proposed by the convention "shall be valid to all intents and purposes as part" of the Constitution of the United States "when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress"; and
WHEREAS, in the interests of preserving principles of federalism and state sovereignty, such an amendment convention should be restricted to considering the following amendment only:
"Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."; and
WHEREAS, this resolution is submitted as an official application by the State of Missouri, which when joined by two-thirds of the several states, shall authorize the calling of an amendment convention for the purpose stated in this resolution:
NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-sixth General Assembly, First Regular Session, the Senate concurring therein, hereby apply and make application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the limited purpose of a constitutional amendment that permits the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures, and the Missouri Delegation to such convention, when called, shall propose the following amendment:
"Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives prepare copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives, and each presiding officer of each state legislative chamber in the United States.
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