Legislature(2013 - 2014)
03/26/2014 02:34 PM Senate JUD
| Audio | Topic |
|---|---|
| Start | |
| HB255 | |
| HJR22 | |
| SJR20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HJR 22-FEDERAL CONSTITUTIONAL CONVENTION
2:40:48 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HJR 22. "Requesting the United States Congress
to call a convention of the 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 of federal
government officials; and urging the legislatures of the other
49 states to request the United States Congress to call a
convention of the states." This was the first hearing. [HJR 22
am was before the committee.]
2:41:15 PM
REPRESENTATIVE TAMMIE WILSON, sponsor of HJR 22, introduced the
bill speaking to the following sponsor statement: [Original
punctuation provided.]
It is the solemn duty of the states to protect the
liberty of its people, particularly for the
generations to come, to propose amendments to the
Constitution of the United States through a convention
of the states under article V to place clear
restraints on these and related abuses of powers.
Article V, U.S. Constitution states: "The Congress,
whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this
Constitution, or, on the application of the
legislatures of two thirds of the several states,
shall call a convention for proposing amendments,
which, in either case, shall be valid to all intents
and purposes, as part of this Constitution, when
ratified by the legislatures of three fourths of the
several states, or by conventions in three fourths
thereof as the one or the other mode of ratification
may be proposed by the Congress; provided that no
amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner
affect the first and fourth clauses in the ninth
section of the first article; and that no state,
without its consent, shall be deprived of its equal
suffrage in the Senate."
By calling a convention of states, we can stop the
federal spending and debt spree, the power grabs of
the federal courts, and other misuses of federal
power. The current situation is precisely what the
Founders feared, and they gave us a solution we have a
duty to use.
REPRESENTATIVE T. WILSON explained that 34 states would have to
come to a convention and agree word for word on a particular
amendment then send it back to all 50 states and 38 would need
to ratify it. One concern she heard was that it would be a
runaway convention, but she finds that hard to believe.
2:43:48 PM
CHAIR COGHILL noted that he heard a similar resolution in State
Affairs. He asked how many states have already signed on.
REPRESENTATIVE WILSON replied just 1, but about 12 states are in
various stages of the process.
SENATOR DYSON commented that he was surprised to find out that
the legislature passed a similar resolution about 22 years ago.
2:45:28 PM
MICHAEL P. FARRIS, National Director, Convention of States;
Chancellor, Patrick Henry College, stated that he helped draft
the model legislation upon which HJR 22 is based, and was one of
the few lawyers in the country who has litigated an Article V
case.
He related that there have been over 400 applications filed in
Congress in the history of the Republic, but there's never been
a convention because there hasn't been agreement on the subject
matter. Thirty four states have to agree on the subject matter,
all 50 states attend the convention, 26 must approve the
language in any proposed amendments on the topics that are
germane under the application that's been approved, and then 38
states would need to ratify the specific language. He said the
political reality is that a dangerous or crazy amendment
couldn't get through this process. The Founders understood that
this process was the only way that Washington, D.C. would have
real limitations on its power, because Congress will never
impose fiscal restraints or limitations on its power. The states
have to do that. He expressed hope that Alaska would be the
second state to joint in this process to restrict the federal
government.
CHAIR COGHILL asked if this is discretionary to Congress.
MR. FARRIS replied Congress has no discretion; it is their duty
to call a convention if 34 states agree on the subject matter.
CHAIR COGHILL commented that it would be no small political move
if 34 states were to agree.
MR. FARRIS said that's right, and Congress wouldn't dare rile up
that many state legislatures and grassroots activists by
ignoring its duty.
2:51:24 PM
DON BRAND, Alaska Legislative Liaison, Convention of States
(COS), Juneau, Alaska, described himself as a grassroots
volunteer, American, and Alaskan who is very concerned about the
direction that the federal government is headed. He posited that
the approach called for by HJR 22 is probably the last, best
chance to do anything about it. He urged the committee to pass
the resolution.
CHAIR COGHILL thanked Mr. Brand for his volunteer work.
2:53:25 PM
At Ease
2:53:45 PM
CHAIR COGHILL reconvened the meeting and relayed that three
members heard the companion bill in a previous committee.
Finding no questions or comments, he solicited a motion.
2:54:30 PM
SENATOR DYSON moved to report HJR 22 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COGHILL announced that without objection, HJR 22 am was
reported from the Senate Judiciary Standing Committee.
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