MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 COMMITTEE SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 56
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1 MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 By: Representatives Eubanks, Aguirre, To: Rules Arnold, Barnett, Boyd, Brown, Busby, Byrd, Carpenter, Chism, Crawford, Criswell, Currie, Foster, Gipson, Guice, Hale, Haney, Henley, Hopkins, Horne, Johnson (87th), Lamar, McNeal, Mettetal, Oliver, Patterson, Rogers (14th), Rogers (61st), Rushing, Sanford, Scoggin, Shirley, Staples, Steverson, Touchstone, Tullos, Weathersby, Wilkes, Wilson, Zuber, Ford, DeLano, Mangold, Pigott COMMITTEE SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO A CONCURRENT RESOLUTION APPLYING TO THE UNITED STATES 2 CONGRESS TO CALL A CONVENTION OF THE STATES UNDER THE PROVISIONS 3 OF ARTICLE V OF THE UNITED STATES CONSTITUTION. 4 WHEREAS, the founders of the United States Constitution empowered state legislators to be guardians of liberty against excessive use of power by the federal government; and WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and WHEREAS, ceasing to live under a proper interpretation of the United States Constitution, 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 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 United States Constitution through a convention of the states under Article V for the purpose of restraining these and related abuses of power: N1/2 PAGE 1 (GT\JAB)
2 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That copies of this application shall be transmitted by the Secretary of State to the President and Secretary of the United States Senate, to the Speaker and Clerk of the United States House of Representatives, to members of the Mississippi congressional delegation and to the presiding officers of each house of the several state legislatures, requesting their cooperation in applying for the convention, limited to the subject matter contemplated by this application. BE IT FURTHER RESOLVED, Under Article V of the United States Constitution, the Legislature of the State of Mississippi joins in the applications of the states of Georgia (SR 736, 2014), Florida (SM 476, 2014), Alaska (HJR 22, 2014), Alabama (HJR 112, 2015), Tennessee (SJ 67, 2016), Indiana (SJR 14, 2016), Oklahoma (SJR 4, 2016) and Louisiana (SCR 52, 2016), to call a convention for the specific and exclusive purpose of proposing amendments to the United States Constitution limited to the purposes stated in those applications; however, the commissioners from Mississippi to the convention are expressly limited to consideration and support of amendments that impose fiscal restraints on the federal government, and amendments that limit the power and jurisdiction of the federal government, and no amendments on any other topic whatsoever. PAGE 2 (GT\JAB)
3 BE IT FURTHER RESOLVED, It is the express intention of the Mississippi Legislature that this application is to be aggregated with the applications of the above-mentioned states and with subsequent applications of other states limited to the purposes identified in this application and in those applications of the above-mentioned states. BE IT FURTHER RESOLVED, That the Mississippi Legislature adopts this application expressly subject to the following reservations, understandings and declarations: (a) An application to the United States Congress to call a convention of the states under 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; (b) Congress shall perform its ministerial duty of calling a convention of the states only upon receipt of applications for a convention for the substantially same purpose as this application from two-thirds (2/3) of the legislatures of the several states; (c) Congress does not have the power or authority to determine any rules for the governing of a convention for proposing amendments called under Article V of the United States Constitution. Congress does not have the power to set the number PAGE 3 (GT\JAB)
4 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; (d) By definition, a convention of the states means that the states shall vote on the basis of one state, one vote; (e) A convention for proposing amendments convened under this application shall be limited to consideration of the topics specified in this application 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; (f) Under 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 Mississippi Legislature recommends that Congress select ratification by the legislatures of the several states; and (g) The Mississippi Legislature 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. PAGE 4 (GT\JAB)
5 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 (2/3) the several states have made applications on the same subject, or until the Mississippi Legislature acts to withdraw this application. This application further supersedes all previous applications by this Legislature on the same subject. ST: U.S. Constitution; submit application to PAGE 5 (GT\JAB) Congress to call a convention of the states under Article V to propose amendments limited to
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