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Introduced Version House Concurrent Resolution 3 History

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House Concurrent Resolution 3

By Delegates Pack, Steele, Foster, Campbell, J. Jeffries, Phillips, Worrell, Mandt, Toney, Linville and Higginbotham

[Introduced January 11, 2019]

 

Urging Congress to call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing an amendment to the Constitution of the United States to limit the terms of office that a person may be elected as a member of the United States Senate.

Whereas, Article IV, Section 4 of the Constitution of the United States guarantees to every state a republican form of government which gives each state equal standing when calling for an amendments convention.  Article V of the Constitution of the United States reserves to the several states the right to call for a convention for the purpose of amending the United States Constitution; and

Whereas, The states alone have the authority to “limit” the agenda and authority of a convention.  The states alone can call for a “Single Issue” convention by agreeing among themselves the purpose, terms, conditions, duration and agenda for the convention.  Congress does not have the authority to define a “Single Issue” convention.  The authority of Congress, under Article V of the United States Constitution, empowers it to convene a convention as called for and defined by the several states; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges Congress to call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing an amendment to the Constitution of the United States to limit the term of office that a person may be elected as a member of the United States Senate; and, be it

Further Resolved, That the State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to propose an amendment to the Constitution of the United States to limit the terms of office that a person may be elected as a member of the United States Senate and absolutely no other business will be authorized at this convention; and, 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 on the same subject; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution and application to the President and Secretary of the United States Senate, to the Speaker and Clerk of the United States House of Representatives, to the members of West Virginia’s congressional delegation and to the presiding officers of each of the legislative houses in the several states requesting their cooperation.

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