Bill Text: MS SC623 | 2017 | Regular Session | Introduced

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Bill Title: United States Constitutional Convention under Article V; apply for federal fiscal restraints and power limitations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2017-03-29 - Died In Committee [SC623 Detail]

Download: Mississippi-2017-SC623-Introduced.html

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MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Rules

By: Senator(s) Hill, Fillingane

Senate Concurrent Resolution 623

A CONCURRENT RESOLUTION OF THE MISSISSIPPI LEGISLATURE APPLYING FOR AN ARTICLE V CONSTITUTIONAL CONVENTION OF THE STATES FOR PROPOSING AMENDMENTS TO THE UNITED STATES CONSTITUTION WHICH IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT AND LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND REQUESTING CONGRESS TO SIMILARLY PROPOSE SUCH AMENDMENTS.

     WHEREAS, the founders of the Constitution of the United States empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and

     WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and

     WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

     WHEREAS, the federal government has ceased to live under a proper interpretation 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 amendments to the Constitution of the United States through a Convention of the states under Article V of the United States Constitution to place clear restraints on these and related abuses of power:

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That the Congress of the United States is hereby petitioned to propose an amendment to the Constitution of the United States, for submission to the states for ratification, to impose fiscal restraints on the federal government and limit the federal government's power and jurisdiction.

     BE IT FURTHER RESOLVED, That, pursuant to Article V of the Constitution of the United States, the Legislature of the State of Mississippi joins in the applications of the States of Georgia (SR 736, 2014), Florida (SM 476, 2014), Alaska (HJR 22, 2014), Alabama (HJR 112, 2015) Tennessee (SJ 67 2016), Indiana (SJR 14 2016), Oklahoma (SJR 4 2016), and Louisiana (SCR 52 2016), for a Convention for the specific and exclusive purpose of proposing amendments to the Constitution of the United States limited to the purposes stated therein; provided, however, that the commissioners from Mississippi to said Convention are expressly limited to consideration and support of amendments that impose fiscal restraints on the federal government, and amendments that limit the power and jurisdiction of the federal government, and no other amendments on any topic whatsoever.

     BE IT FURTHER RESOLVED, That it is the express intention of the Mississippi Legislature that this application shall be aggregated with the applications of the above-mentioned states and with subsequent applications of other states limited to the purposes identified in this application and in those applications of the above-mentioned states.

     BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made applications for a similar Convention under Article V, or the State Legislature acts to withdraw this application.

     BE IT FURTHER RESOLVED, That the Secretary of State shall transmit certified copies of this Concurrent Resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, the presiding officer in each house of the legislature in each of the states in the union, and to the members of Mississippi's congressional delegation requesting their cooperation.

     BE IT FURTHER RESOLVED, That the Legislature of Mississippi adopts this application expressly subject to the following reservations, understandings, and declarations:

     1.  An application to the Congress of the United States to call an Amendments Convention of the states pursuant to Article V of the United States Constitution confers no power to Congress other than the power to call such a Convention.  The power of Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a Convention.

     2.  Congress shall perform its ministerial duty of calling an Amendments Convention of the states only upon the receipt of applications for an Amendments Convention for the substantially same purpose as this application from two-thirds of the legislatures of the several states.

     3.  Congress does not have the power or authority to determine any rules for the governing of a Convention for proposing amendments called pursuant to Article V of the United States Constitution.  Congress does not have the power to set the number of delegates to be sent by any state to such a Convention, nor does it have the power to name delegates to such a Convention.  The power to name delegates remains exclusively within the authority of the legislatures of the several states.

     4.  By definition, an Amendments Convention of the states means that states shall vote on the basis of one state, one vote.

     5.  A Convention for proposing amendments convened pursuant to this application shall be limited to consideration of the topics specified herein, and no other.  This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights shall not be authorized for consideration at any stage.  This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights.

     6.  Pursuant to Article V of the United States Constitution, 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 Mississippi recommends that Congress select ratification by the legislatures of the several states.

     7.  The Legislature of Mississippi may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided.