HCR36 JNELSON 3-11 #1
Delegate
J.Nelson moves to amend the resolution on page one, line one, by striking out everything
beginning with the word “Applying” and inserting in lieu thereof the following:
Requesting the Joint Committee on the Judiciary to study the proposal of urging Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress.
Whereas, The elected West Virginia State Senators and Delegates have a need for a study to research and determine the viability and limits of such a convention process, as well as provide answers to the many outstanding questions of the members and the public at large.
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 when Congress or the courts or both Congress and the courts refuse to address an egregious wrong suffered by the people; 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; and
Whereas, The founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government which 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 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 the 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 for the purpose of restraining these and related abuses of power; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia strongly condemns the prolonged and unlawful expansion of Federal authority upon the rights and self-governance of the people of West Virginia and is contemplating this action as a method of self-preservation against such abuses; and be it;
Further Resolved, For the
purposes of determining whether the Legislature should That the Legislature hereby urges Congress call a convention
of the states, under the authority reserved to the states in Article V of the
United States Constitution, limited to proposing amendments to the Constitution
of the United States that impose fiscal restraints on the federal government,
limit the power and jurisdiction of the federal government and limit the terms of
office for its officials and for members of Congress, the Legislature hereby
requests that the Joint Committee on the Judiciary to determine the viability,
limits, and answer other questions about the process should the State of West
Virginia proceed with the application; 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
proposing amendments to the Constitution of the United States that impose
fiscal restraints on the federal government, limit the power and jurisdiction
of the federal government and limit the terms of office for its officials and
for members of Congress 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 Joint Committee on the Judiciary report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.
Further Resolved, That the Clerk of the Senate is hereby
directed to forward 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.