Convention for proposing constitutional amendments.

WORKING DRAFT
2017
State of Wyoming
17LSO-0213
Introduced
1.3

House

JOINT RESOLUTION
NO.

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Convention for proposing constitutional amendments.

Sponsored by:
Representative(s) Winters, Allen, Laursen and Lindholm and Senator(s) Peterson

A JOINT RESOLUTION

for

A JOINT RESOLUTION requesting Congress to call a convention for proposing amendments to the United States Constitution as specified.

WHEREAS,
the f
ounders of
the

C
onstitution
of the United States
empowered s
t
ate 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

W
HEREAS
, the federal government has invaded the legitimate roles of the states through the

manipulative process of federal mandates, most of which
are unfunded;
and

W
HEREAS
, the federal government has ceased to live under a proper interpretation of the
C
o
nstitution of the United States;
and

W
HEREAS, it is the solemn duty of the s
tates to pr
otect the liberty of our people,
particula
rly for the generations to come, by proposing amendments to the C
onstitution

of the
United States through a convention of the states under a
rticle V for the purpose of

restraining these and related abuses of p
ower.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.

The
l
egislature of the S
tate of
Wyoming
hereby applies to Congress, under the
provisions of Article V of the C
onstitution of the United States, for the calling of a

convention of the states limited
to proposing amendments to the C
onstitution of the

United States that impose fiscal restraints on the federal government, limit the power and

jurisdi
ction of the federal government
and limit the terms of office for its officials and

for memb
ers of Congress.

Section 2.

(a)

The Legislature of the State of Wyoming adopts this application expressly subject to the following reservations, understandings and declarations:

(
i
)

An application to the Congress of the United States to call a convention of the states pursuant to Article V of the United States Constitution to propose amendments to the Constitution confers no power to Congress other than the power to call the 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;

(ii)

Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two-thirds (2/3) of the legislatures of the several states;

(iii)

Congress does not have the power or authority to determine any rules for the governing of an amendment convention of the states called pursuant to Article V of the United States Constitution. Congress does not have the power to set the number of delegates to be sent by any state to a convention nor does it have the power to name delegates to a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states;

(iv)

By definition, a convention of the states to propose amendments to the Constitution means that states shall vote on the basis of one (1) state, one (1) vote;

(v)

A convention of the states to propose amendments to the Constitution convened pursuant to this application shall be limited to consideration of the topics specified herein 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 in any manner. This application shall be void
ab initio if ever used in any manner to propose or consider any change to any provision of the Bill of Rights;

(vi)

Pursuant to
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 Legislature of the State of Wyoming recommends that Congress select ratification by the legislatures of the several states; and

(vii)

The
l
egislature of the State of Wyoming 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 to the delegates.

Section
3
.

This application constitutes a continuing applica
tion in accordance with Article V of the C
onstitution of the United States until the legislatures of at least two-thirds
(2/3)
of

the several states have made applications on the same subject.

Section
4
.

That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representative
s of the United States Congress,
to the Wyoming Congressional Delegation
and
to the

presiding officers of each of the leg
islative houses in the several s
tates, requesting their

cooperation.

(END)

1

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