ASSEMBLY CONCURRENT RESOLUTION No. 199

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 20, 2011

 

 

Sponsored by:

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

 

 

 

 

SYNOPSIS

     Rescinds all applications previously transmitted by the New Jersey Legislature to Congress calling for constitutional convention.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution rescinding all applications previously transmitted by the New Jersey Legislature to the Congress of the United States calling for a convention for the purpose of proposing amendments to the Constitution of the United States.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    All applications previously transmitted by the New Jersey Legislature to the Congress of the United States calling for a convention for the purpose of proposing an amendment to the United States Constitution are hereby rescinded.

 

2.    Duly authenticated copies of this concurrent resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested by the Clerk of the General Assembly and the Secretary of the Senate shall be transmitted to the Clerk of the United States House of Representatives and to the Secretary of the United States Senate in Washington, D.C.

 

 

STATEMENT

 

Article V of the United States Constitution provides that on the application of the Legislatures of two-thirds of the States, Congress shall call a convention for proposing amendments to the Constitution which will become valid when ratified by the Legislatures of three-fourths of the states or by conventions in three-fourths of the states.  Although Congress has never called a convention, it has received hundreds of petitions from state legislatures over two centuries calling for conventions to address various issues.

Research indicates that New Jersey has submitted at least eight such petitions.  Unfortunately, legal experts disagree about both the longevity of these petitions and as to whether a convention called for a particular purpose may consider amendments beyond the scope of that purpose.  There appears to be some risk, therefore, that past petitions could become part of the basis for calling a convention which addresses issues never contemplated by the legislators voting for such petitions.  Accordingly, this resolution would rescind all petitions previously passed by the New Jersey Legislature in order to prevent potential misuse of those petitions.