Bill Text: NJ ACR114 | 2014-2015 | Regular Session | Introduced
Bill Title: Urges Congress to propose constitutional amendment to permit repeal of any federal law or regulation by two-thirds vote of state legislatures.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-02-10 - Introduced, Referred to Assembly State and Local Government Committee [ACR114 Detail]
Download: New_Jersey-2014-ACR114-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 114
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED FEBRUARY 10, 2014
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Urges Congress to propose constitutional amendment to permit repeal of any federal law or regulation by two-thirds vote of state legislatures.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution urging the Congress of the United States to propose a constitutional amendment that permits the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures.
Whereas, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress"; and
Whereas, The Congress has exceeded the legislative powers granted in the Constitution, thereby encroaching on the powers that are "reserved to the States respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers; and
Whereas, This encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights; and
Whereas, This encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and
Whereas, In the Federalist No. 85, Alexander Hamilton wrote in reference to Article V of the Constitution and the calling of a convention for the purpose of proposing amendments, "We may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority"; and
Whereas, The Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The State of New Jersey hereby applies and makes 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 proposing a constitutional amendment that permits the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures.
2. The New Jersey 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."
3. This concurrent resolution is revoked and withdrawn, nullified, and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used for the purpose of calling a convention or used in support of conducting a convention to amend the Constitution of the United States for any purpose other than consideration of the amendment proposed in this resolution.
4. Delegates to such Convention, when called, shall be selected according to procedures established by the legislatures of the several states.
5. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested to by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the New Jersey Congressional Delegation.
STATEMENT
This concurrent resolution urges the Congress to propose a constitutional amendment that permits the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures. The concurrent resolution will be revoked and withdrawn, nullified, and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used for the purpose of calling a convention or used in support of conducting a convention to amend the Constitution of the United States for any purpose other than consideration of the amendment proposed in the resolution.
