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HJ0005 • 2020

Rescission of federal constitutional resolutions.

A JOINT RESOLUTION rescinding a previous resolution adopted by the Wyoming Legislature that requested the Congress of the United States to convene a constitutional convention under Article V of the Constitution of the United States.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Edwards
Last action
2020-02-13
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The official source does not provide additional details about the bill summary or digest text, so some claims were removed due to lack of supporting evidence.

Rescinding Request for Constitutional Convention

This resolution cancels a previous request made by the Wyoming Legislature asking Congress to convene an Article V constitutional convention.

What This Bill Does

  • Cancels a 2017 resolution that asked Congress to convene an Article V constitutional convention.

Who It Names or Affects

  • The people of Wyoming
  • Federal government officials

Terms To Know

Constitutional Convention
A meeting called by Congress under Article V to propose changes to the U.S. Constitution.
Article V of the Constitution
The part of the U.S. Constitution that explains how new amendments can be added.

Limits and Unknowns

  • This resolution does not change any laws or policies outside of rescinding the previous request.
  • It is unclear if other states have similar resolutions to rescind requests for a constitutional convention.
  • The resolution did not pass in its session and was not enacted.

Bill History

  1. 2020-02-13 House

    H Failed Introduction 13-47-0-0-0

  2. 2020-02-12 House

    H Received for Introduction

  3. 2020-02-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
20LSO-0229
2020
State of Wyoming
20LSO-0229
Numbered
2.0

House JOINT RESOLUTION NO. HJ0005

Rescission of federal constitutional resolutions.

Sponsored by: Representative(s) Edwards, Jennings, Styvar, Tass, Wilson and Winter and Senator(s) Hutchings

A JOINT RESOLUTION

for

A JOINT RESOLUTION rescinding a previous resolution adopted by the Wyoming Legislature that requested the Congress of the United States to convene a constitutional convention under Article V of the Constitution of the United States.

WHEREAS, Article V of the Constitution of the United States, after the application of two-thirds (2/3) of state legislatures, reserves to Congress the exclusive authority to call a convention for proposing constitutional amendments; and

WHEREAS, the Supreme Court of the United States ruled in
Dillon v. Gloss,
256 U.S. 368,

that Congress alone reserves the power to "deal with subsidiary matters of detail" under the Constitution of the United States, which likely includes the manner of convening a constitutional convention under Article V; and

WHEREAS, Article V also likely requires the "mode of ratification" of amendments arising from a constitutional convention to be determined not by state legislatures or by delegates but by Congress; and

WHEREAS, the authority of state legislatures to impose any penalty, sanction or limitation on constitutional convention delegates is uncertain, since such delegates represent the people and because, as averred in the Declaration of Independence, it is the "Right of the People to alter or to abolish [their Government], and to institute new Government;" and

WHEREAS, states likely have no constitutional authority to establish or predetermine the rules of order or operational aspects of a constitutional convention; and

WHEREAS, James Madison wrote in the
Federalist Papers Number. 43
that Article V should only be utilized to repair "discovered faults" of the Constitution of the United States or for the "amendment of errors;" and

WHEREAS, nothing in Article V limits a constitutional convention to the consideration of amendments relating to any specific topic or list of topics; and

WHEREAS, nothing in Article V provides for, nor can any state application under Article V guarantee, equal suffrage or equal franchise to each state at a constitutional convention; and

WHEREAS, the Wyoming Legislature adopted House Joint Resolution 7 in 2009, specifically rescinding
past
resolutions requesting Congress to convene an Article V constitution convention; and

WHEREAS, the Wyoming Legislature desires to reaffirm its commitment to the U.S. Constitution by rescinding a
resolution adopted in 2017 that requested Congress to convene an Article V constitutional convention.

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

Section 1.

That the Wyoming Legislature, by this resolution, hereby rescinds, nullifies and supersedes House Joint Resolution 2, adopted in 2017, regarding a balanced budget amendment to the U.S. Constitution.

Section 2.

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 Representatives of the United States Congress and to the Wyoming Congressional Delegation.

(END)

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HJ0005