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SJ0002 • 2021

Convention of states-2.

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

Did Not Pass

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

Sponsor
Senator Biteman
Last action
2021-03-17
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The resolution did not pass and its future status is uncertain.

Request for a Convention of States

This resolution asks Congress to call a convention where state representatives can propose amendments to limit federal government power and fiscal practices.

What This Bill Does

  • Requests Congress to hold a convention based on Article V of the U.S. Constitution.
  • Limits the convention's purpose to proposing amendments that restrain federal powers, fiscal practices, and official terms.
  • Specifies that Congress has no authority over rules or delegate numbers for the convention.

Who It Names or Affects

  • The U.S. Congress
  • State legislatures in Wyoming

Terms To Know

Convention of States
A meeting where state representatives propose changes to the U.S. Constitution.
Article V
The part of the U.S. Constitution that explains how to amend it, including through a convention called by states.

Limits and Unknowns

  • It is unclear if other states will also request such a convention.
  • The resolution did not pass in its session and needs further action to become effective.

Bill History

  1. 2021-03-17 Senate

    S COW:Failed 14-16-0-0-0

  2. 2021-03-08 Senate

    S Placed on General File

  3. 2021-03-08 Senate

    S09 - Minerals:Recommend Do Pass 3-2-0-0-0

  4. 2021-03-01 Senate

    S Introduced and Referred to S09 - Minerals

  5. 2021-02-24 Senate

    S Received for Introduction

  6. 2021-02-24 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0503
2021
State of Wyoming
21LSO-0503
Introduced
2.0

Senate JOINT RESOLUTION NO. SJ0002

Convention of states-2.

Sponsored by: Senator(s) Biteman, Case, Cooper, Driskill, Hicks and Wasserburger and Representative(s) Barlow, Hallinan, Haroldson, Laursen, Olsen, Ottman, Rodriguez-Williams, Simpson and Sweeney

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 founders of the Constitution of the United States empowered state legislatures 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, many of which are unfunded mandates; 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, 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.

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

Section 1.

That the Legislature of the State of Wyoming 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.

Section 2.

(a)

The Legislature of the State of Wyoming adopts the application made under section 1 of this joint resolution 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 for the purpose of proposing 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 call 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 in this joint resolution 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 legislature 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.

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) 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 Representatives of the United States Congress, to the Wyoming Congressional Delegation and to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

(END)

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SJ0002