Bill Text: NH SCR4 | 2016 | Regular Session | Amended
Bill Title: Applying for an Article V convention to propose an amendment to the Constitution of the United States that imposes fiscal restraints on the federal government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-07-27 - Died on Table [SCR4 Detail]
Download: New_Hampshire-2016-SCR4-Amended.html
SCR 4 - AS AMENDED BY THE SENATE
03/24/2016 1064s
2016 SESSION
16-2934
05/09
SENATE CONCURRENT RESOLUTION 4
A RESOLUTION applying for an Article V convention to propose an amendment to the Constitution of the United States that imposes fiscal restraints on the federal government.
SPONSORS: Sen. Daniels, Dist 11
COMMITTEE: Rules, Enrolled Bills & Internal Affairs
-----------------------------------------------------------------
AMENDED ANALYSIS
This resolution makes an application to Congress for an Article V convention to propose an amendment to the United States Constitution to impose fiscal restraints on the federal government.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
03/24/2016 1064s 16-2934
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
A RESOLUTION applying for an Article V convention to propose an amendment to the Constitution of the United States that imposes fiscal restraints on the federal government.
Be it resolved by the Senate, the House of Representatives concurring:
That, pursuant to Article V of the Constitution of the United States, the general court, as the legislature of the state of New Hampshire, makes application to the Congress of the United States to call a convention for the specific and exclusive purpose of proposing 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
That, pursuant to Article V of the Constitution of the United States, the New Hampshire general court, as the legislature of the state of New Hampshire, joins in the applications of the states of Georgia (SR 736, 2014), Florida (SM 476, 2014), Alaska (HJR 22, 2014), and Alabama (HJR 112, 2015) for a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States limited to the purposes stated therein; provided, however, that the delegates from New Hampshire to said convention are expressly limited to consideration and support of an amendment that imposes fiscal restraints on the federal government; and
That it is the express intention of the general court that this application shall be aggregated with the subsequent applications of other states limited to the purpose identified in this application and with those applications of the above-mentioned states; and
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 2/3 of the several states have made applications for a similar convention under Article V, or the general court acts to withdraw this application; and
That the legislature of the state of New Hampshire adopts this application expressly subject to the following reservations, understandings, and declarations:
I. An application to the Congress of the United States to call an amendment 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;
II. Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from 2/3 of the legislatures of the several states;
III. Congress does not have the power or authority to determine any rules for the governing of an amendment convention of the states 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;
IV. By definition, an amendment convention of the states means that states shall vote on the basis of one state, one vote;
V. An amendment convention of the states 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 if ever used at any stage to consider any change to any provision of the Bill of Rights;
VI. 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 the state of New Hampshire recommends that Congress select ratification by the legislatures of the several states; and
VII. The legislature of the state of New Hampshire 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; and
That the senate clerk shall transmit certified copies of this 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 New Hampshire's congressional delegation requesting their cooperation.
