GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                    D

SENATE JOINT RESOLUTION DRSJR35030-LG-21   (02/01)

 

 

 

Sponsors:	Senators Hise, Krawiec, and Rabin (Primary Sponsors).
Referred to:

 

A JOINT RESOLUTION to APPLY TO CONGRESS FOR THE CALLING OF A CONVENTION PURSUANT TO ARTICLE V OF the Constitution of the United States.

Whereas, Section 4 of Article IV of the Constitution of the United States guarantees to every state a republican form of government that gives each state equal standing when calling for a federal amendment convention; and

Whereas, Article V of the Constitution of the United States reserves to the state legislatures the right to apply for a federal convention for the purpose of proposing amendments to the United States Constitution when Congress, the courts, or the executive branch refuse to address an egregious wrong suffered by the people; and

Whereas, the state legislatures alone have the authority to limit the agenda and authority of delegates and alternates they send to a convened federal convention. This authority does not reside in the United States Congress, nor in the federal or state courts, nor in the executive branch. This authority resides solely in the state legislatures; and

Whereas, the authority of Congress, under Article V of the Constitution of the United States, requires it to convene a convention as called for and defined by the state legislatures of the several states; Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

SECTION 1.  Application for Calling of Convention. – The North Carolina General Assembly hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a single‑issue convention of the states, called a "countermand amendment convention," for the sole purpose of deciding whether the proposed countermand amendment should be sent back to the state legislatures for ratification.

SECTION 2.  Duration of Application. – The application set forth in Section 1 of this act 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 identical or substantially similar applications as the one set forth in Section 1 of this act.

SECTION 3.  Instructions to Congress. – Congress is directed to call the Countermand Amendment Convention within 60 days from the date it receives the 34th Call for this Convention from state legislatures.

SECTION 4.  Distribution of Copies of Act. – The Secretary of State shall transmit copies of this act to (i) the President and Secretary of the United States Senate; (ii) the Speaker and Clerk of the United States House of Representatives; (iii) each member of the North Carolina delegation to the United States Senate and United States House of Representatives; and (iv) the presiding officers of each of the legislative houses in the several states, requesting their cooperation with the purposes of this act.

SECTION 5.  This resolution is effective upon ratification.