THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE RESOLUTION

Similar documents
MISSISSIPPI LEGISLATURE REGULAR SESSION 2019

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 COMMITTEE SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 56

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE RESOLUTION INTRODUCED BY MARSICO AND CALTAGIRONE, DECEMBER 12, 2011

Amending The U.S. Constitution

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE RESOLUTION

2012 General Election Ballot Issues

The Constitution: Amendments 11-27

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within

Transcription of Amendments 11 27

April 7, 2011

OKLAHOMA INTERCOLLEGIATE LEGISLATURE CONSTITUTION. Updated May 18, Article of the First

The Mosier 2010 Charter PREAMBLE. Chapter I NAMES AND BOUNDARIES

BERMUDA PARLIAMENT ACT : 19

AMENDMENTS XI to XXVII

Constitution of the University of Michigan Ann Arbor Campus Student Body

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Preamble to the Bill of Rights. Amendment I. Amendment II. Amendment III. Amendment IV. Amendment V.

The Constitution Of The Student Government Of The University of New Orleans As of April 11, 2012 Preamble

(7 June to date) POWERS, PRIVILEGES AND IMMUNITIES OF PARLIAMENT AND PROVINCIAL LEGISLATURES ACT 4 OF 2004

The United States Constitution, Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise

RULES OF PROCEDURE OF THE INTER AMERICAN COURT OF HUMAN RIGHTS. November 16 to 28, PRELIMINARY PROVISIONS. Article 1.

By Laws Maine Society of Certified Public Accountants

Constitution of the Bakersfield College Student Government Association

Text of the 1st - 10th Amendments to the U.S. Constitution The Bill of Rights

New Hampshire Tax Collectors Association 2017 Annual Conference GLOSSARY OF TERMS

BERMUDA LEGISLATURE (APPOINTMENT, ELECTION AND MEMBERSHIP CONTROVERSIES) ACT : 153

POWERS AND PRIVILEGES (SENATE AND HOUSE OF ASSEMBLY) ARRANGEMENT OF SECTIONS

(Reprinted with amendments adopted on April 16, 2015) FIRST REPRINT S.B Referred to Committee on Legislative Operations and Elections

IC 5-8 ARTICLE 8. OFFICERS' IMPEACHMENT, REMOVAL, RESIGNATION, AND DISQUALIFICATION. IC Chapter 1. Impeachment and Removal From Office

1 HB By Representatives Givan, Davis and Shedd (Constitutional. 4 Amendment) 5 RFD: Constitution, Campaigns and Elections

IN THE CIRCUIT COURT OF THE CITY OF RICHMOND COMPLAINT. COMES NOW, Plaintiff A. Donald McEachin, Senator of Virginia, by counsel, and for

Constitution of the Student Body of the Ann Arbor Campus of the University of Michigan

Addendum: The 27 Ratified Amendments

The Constitution of the Texas Junior State of America As Amended November 23, 2013 PREAMBLE ARTICLE I - Name ARTICLE II - Purpose Section 1:

Rotary District 5370 Humanitarian Aid Warehouse Society ADDITIONAL OBJECTS

INTEGRATED ADVISORY GROUP IAG INTERNATIONAL ARTICLES OF ASSOCIATION

Senate Joint Resolution No. 2 of the 74th Session Senators Raggio, Hardy, Care, Coffin, Carlton, Amodei, Mathews, Nolan, Titus and Townsend

CONSTITUTION OF THE STUDENT BODY. History: Revised by Constitutional Amendment 10, 57 th Senate.

CHAPTER 12 THE NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ACT

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

BOARD OF MEDICAL SCHOLARSHIP AWARDS ADMINISTRATIVE CODE CHAPTER 550 X 1 ORGANIZATION AND ADMINISTRATION TABLE OF CONTENTS

PREAMBLE ARTICLE I. NAME

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Rules of the Assembly of the College of Liberal Arts and Sciences, Brooklyn College

JOINT RULES of the Florida Legislature

LEGISLATIVE ASSEMBLY ACT

CHAPTER 2.04 COMMISSIONS OF INQUIRY ACT

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

Virginia Pest Management Association Constitution and Bylaws

PARLIAMENT (POWERS AND PRIVILEGES ACT)

LEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT

SENATE NOMINEE ELECTION BILL. No. 60. An Act to provide for the Election of Saskatchewan Senate Nominees TABLE OF CONTENTS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW HOUSE BILL 276

THE PENNSYLVANIA ORGANIZATION OF NURSE LEADERS RESTATED BYLAWS ARTICLE I NAME

ASSEMBLY CONCURRENT RESOLUTION No. 73 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

VIENNA CONVENTION ON THE LAW OF TREATIES

Senate Amendment to Senate Bill No. 499 (BDR ) Proposed by: Senate Committee on Legislative Operations and Elections

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

STATUTORY INSTRUMENTS No CARIBBEAN AND NORTH ATLANTIC TERRITORIES. The Montserrat Constitution Order 1989

RULES OF PROCEDURE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

BYLAWS OF THE BOARD OF DIRECTORS OF THE EAST CONTRA COST FIRE PROTECTION DISTRICT

The Constitution. Association of the Massachusetts Institute of Technology

Chapter 24: Legislative Process and Statutory Interpretation

AMENDMENTS TO THE CONSTITUTION of THE UNITED STATES OF AMERICA

HOUSE BILL NO. HB0027. Sponsored by: Representative(s) Lubnau and Miller A BILL. for. AN ACT relating to constitutional conventions; providing

PROTOCOL ON THE STATUTE OF THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS

Constitution of the Madonna University Student Senate

THE FIBRE BOX ASSOCIATION AMENDED AND RESTATED BYLAWS NOVEMBER 2004

Financial Oversight And Management Board For Puerto Rico. Bylaws

LR_131_ J O I N T R E S O L U T I O N

Montana Constitution

MARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC.

Bill No. 6, Ordinance No. 5, Session 2018

BYLAWS OF QUEEN CITY MINOR BOX LACROSSE

PLAN OF ORGANIZATION THE CHESTERFIELD COUNTY REPUBLICAN COMMITTEE ARTICLE I NAME

EXECUTOR TRUSTEE AND AGENCY COMPANY OF SOUTH AUSTRALIA, LIMITED, ACT.

THE ARBITRATION ACT, 1944

BOARD OF GOVERNORS BYLAWS

/11/2007. BYLAWS OF VINEYARD MEADOW RESIDENTIAL COMMUNITY, INC. (a Texas non-profit corporation)

Florida Atlantic University Student Government Constitution

SENATE CONCURRENT RESOLUTION

AGREEMENT BETWEEN THE EFTA STATES ON THE ESTABLISHMENT OF A SURVEILLANCE AUTHORITY AND A COURT OF JUSTICE

REYNOLDSBURG CHARTER TABLE OF CONTENTS

Non- Profit Corporations: Selected Statues Related to Members

Minnesota Society of Certified Public Accountants Bylaws as adopted by membership with February 2018 amendments

CALIFORNIA STATE UNIVERSITY, EAST BAY

LAWS OF SAINT VINCENT AND THE GRENADINES REVISED EDITION 1990 CHAPTER 3 HOUSE OF ASSEMBLY (PRIVILEGES, IMMUNITIES AND POWERS) ACT

Chapter 292 of the Acts of 2012 ARTICLE 1 INCORPORATION, FORM OF GOVERNMENT, AND POWERS

Title 21-A: ELECTIONS

BY-LAWS GRAPHIC PACKAGING HOLDING COMPANY. As Amended and Restated on May 20, 2015

NEW JERSEY LOCAL BOARDS OF HEALTH ASSOCIATION, A NEW JERSEY NONPROFIT CORPORATION BY- LAWS ARTICLE I NAME ARTICLE II MISSION, OBJECTIVE & PURPOSE

Referred to Committee on Legislative Operations and Elections. SUMMARY Revises provisions governing elections. (BDR )

ASSEMBLY BILL No. 459

Follow this and additional works at:

BYLAWS OF MINOR HOCKEY ASSOCIATION OF CALGARY

Florida Atlantic University Student Government Constitution

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 467 Cape Town 7 June 2004 No

BERMUDA COMMISSIONS OF INQUIRY ACT : 25

FIFTH AMENDED AND RESTATED BYLAWS OF OREGON WINE ADVOCACY COUNCIL doing business as the OREGON WINEGROWERS ASSOCIATION. EFFECTIVE January, 2015

South Carolina General Assembly 115th Session,

Transcription:

PRINTER'S NO. 0 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE RESOLUTION No. Session of 1 INTRODUCED BY EICHELBERGER, MARTIN, ARGALL, VOGEL, BARTOLOTTA, BROWNE, WAGNER AND WHITE, JUNE, 1 REFERRED TO STATE GOVERNMENT, JUNE, 1 A CONCURRENT RESOLUTION 1 1 1 1 1 1 Petitioning the Congress of the United States to call a Constitutional Convention 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 Founders of our Constitution empowered State legislators to be guardians of liberty against future abuses of power by the Federal Government; and WHEREAS, The Federal Government 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 WHEREAS, The Federal Government has ceased to operate 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 our people, especially for future generations, by proposing amendments to the Constitution of the United States

1 1 1 1 1 1 0 through a Constitutional Convention under Article V for the purpose of restraining these and related abuses of power; therefore be it RESOLVED (the House of Representatives concurring), That the General Assembly of the Commonwealth of Pennsylvania hereby apply to Congress for a Constitutional Convention, under the provisions of Article V of the Constitution of the United States, to propose 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 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 General Assembly of the Commonwealth adopt this application expressly subject to the following reservations, understandings and declarations: (1) An application to Congress for an Article V Convention confers no power on Congress other than to perform a ministerial function to call a Convention of States. () This ministerial duty shall be performed by Congress only when Article V applications for substantially the same purpose are received from two-thirds of the legislatures of the several states. () The power of Congress to call a Convention of States solely consists of the authority to name a reasonable time and place for the initial meeting of the Convention of 10SR0PN00 - -

1 1 1 1 1 1 0 States. () Congress possesses no power to name delegates to the Convention of States, as this power remains exclusively within the authority of the legislatures of the several states. () Congress possesses no power to set the number of delegates to be sent by any state. () Congress possesses no power to determine any rules for the Convention of States. () A Convention of States means that states vote on the basis of one state, one vote. () A Convention of States convened pursuant to this application is limited to consideration of topics solely specified in this resolution. () This application is made with the express understanding that no amendment which in any way seeks to amend, modify or repeal any provision of the Bill of Rights of the Constitution of the United States is authorized for consideration at any stage. () This application shall be void ab initio if ever used at any stage to consider any change to any amendment within the Bill of Rights. () The General Assembly of the Commonwealth may provide further instructions to its delegates. () The General Assembly of the Commonwealth may recall its delegates at any time for breach of their duties or violation of their instructions. () Under Article V, Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification 10SR0PN00 - -

1 1 1 1 1 1 0 conventions; and be it further RESOLVED, That the General Assembly of Pennsylvania recommend that Congress choose ratification by state legislatures; and be it further RESOLVED, That the General Assembly of the Commonwealth appoint five delegates to any Convention of States called pursuant to this application in accordance with the following: (1) That the Senate choose two delegates. The House of Representatives shall choose two delegates. Each chamber shall nominate two additional persons to serve as alternates. The President pro tempore of the Senate and the Speaker of the House of Representatives shall jointly choose the fifth delegate from the list of nominated alternates. () The President pro tempore of the Senate and the Speaker of the House of Representatives shall each nominate five persons to serve as delegates. Each legislator may cast a vote for not more than two persons on their respective slate. The two candidates getting the most votes are the convention delegates appointed by each respective chamber. The two candidates getting the next highest number of votes are appointed as alternate delegates. () That neither the Governor, nor any current member of the Congress of the United States nor any sitting judge of any court be appointed as a delegate of the Commonwealth. () That travel and per diem expenses of each delegate of the Commonwealth be paid by the Commonwealth on the same basis as the reimbursement for such costs when members of the legislature travel on official business of the Commonwealth. () That any delegate or alternate of the Commonwealth 10SR0PN00 - -

1 1 1 1 1 1 0 who receives and accepts any item of value, excluding education materials, from any person or entity in any connection with his or her service be immediately disqualified and shall be replaced by an alternate immediately. () That each delegate of the Commonwealth take the following oath on penalty of perjury: "I promise to faithfully conduct my duties as a delegate from Pennsylvania to the Convention of States. I will obey all instructions received with my commission. Specifically, I will not support, but will affirmatively oppose, any proposal that goes outside the subject matter specified therein. I further agree to immediately notify the President pro tempore of the Senate and the Speaker of the House of Representatives if I believe that any Pennsylvania delegate or alternate delegate has violated his or her oath or instructions while participating in the Convention of States. I realize that I can and will be immediately removed from my position if I violate this oath and that I will be required to reimburse the Commonwealth of Pennsylvania for all expenses paid to me as a delegate. I realize also that I may be punished for contempt by the General Assembly for failing to adhere to this oath." () That prior to the Convention of States, the General Assembly of the Commonwealth may by joint resolution provide further instructions to the delegates of the Commonwealth selected pursuant to this section regarding the scope of matters they may consider and vote on at the Convention of 10SR0PN00 - -

1 1 1 1 1 1 0 States, including rules of procedure and proposed amendments. Such instructions may be changed by the legislature prior to or during the course of the Convention of States. These instructions may include: (i) an instruction that the Pennsylvania delegates may not support any voting rule other than the default rule whereby each state exercises one vote; and (ii) an instruction that on all voting matters at the Convention of States, the decision of a simple majority of the delegates of the Commonwealth shall constitute a single vote for Pennsylvania. () That after delegates of the Commonwealth have been selected, the General Assembly of the Commonwealth by joint resolution recall delegates or alternates to the Convention of States or appoint new delegates or alternates. () That if the General Assembly of the Commonwealth is not in session, delegates of the Commonwealth be suspended pending a joint resolution by a joint legislative committee duly authorized by the General Assembly for that purpose. This joint legislative committee shall be authorized to conduct its business via telephone or other means of realtime electronic communication. () A delegate who is recalled, disqualified or otherwise unable to perform his or her duties shall be immediately replaced by one of the alternates, as directed by the joint resolution or duly authorized joint legislative committee. () That any vote cast by a delegate of the Commonwealth or an alternate delegate at an Article V Convention that is outside the scope of the following be 10SR0PN00 - -

void: 1 1 1 1 1 1 (i) the instructions established by a joint resolution adopted under this section; and (ii) the limits placed by the General Assembly of the Commonwealth in a joint resolution that calls for an Article V Convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V Convention or, if Pennsylvania were not one of the states applying for an Article V Convention, the limits contained in the narrowest state resolution applying for the Article V Convention; and be it further RESOLVED, That this resolution constitute a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application for a Convention on the same subject; and be it further RESOLVED, That a certified copy of this resolution be transmitted by the Secretary of the Commonwealth to the President of the United States Senate, the Speaker of the United States House of Representatives, each member of the Pennsylvania delegation to Congress and to the presiding officers of each house of the state legislatures requesting their cooperation in applying for a Convention limited to the subject matter contemplated by this application. 10SR0PN00 - -