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PRINTER'S NO. 1701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
374
Session of
2015
INTRODUCED BY COHEN, V. BROWN, DEAN, FREEMAN, GIBBONS, MAHONEY,
McNEILL, C. PARKER AND SCHWEYER, JUNE 5, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 5, 2015
A CONCURRENT RESOLUTION
Petitioning the Congress of the United States to call a
constitutional convention for the sole purpose of proposing
an amendment to the Constitution of the United States to
authorize the several states to regulate election campaign
contributions and expenditures.
WHEREAS, Our first President, George Washington, declared in
his 1796 farewell address: "The basis of our political systems
is the right of the people to make and to alter their
constitutions of government," and it was the clear intention of
the framers of the Constitution of the United States that
Congress should be "dependent on the people alone", as stated by
James Madison in the Federalist No. 52; and
WHEREAS, The Constitution of the United States guarantees the
right of the people to govern themselves; and
WHEREAS, The Bill of Rights, contained in the first ten
amendments to the Constitution of the United States, protects
the inalienable rights of the people; and
WHEREAS, The Declaration of Independence states that "to
secure these [unalienable] rights, Governments are instituted
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among Men, deriving their just powers from the consent of the
governed,"; and
WHEREAS, The Tenth Amendment provides: "The powers not
delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people" which, until 2010, had
consistently been interpreted to allow the several states to
establish their own laws governing the financing of elections;
and
WHEREAS, The United States Supreme Court on January 21, 2010,
in Citizens United v. Federal Election Commission and on April
2, 2014, in McCutcheon v. Federal Election Commission removed
restrictions on amounts of independent and aggregate political
spending, thus denying the respective states the ability to
establish their own laws governing the financing of elections;
and
WHEREAS, Elections for public office should be free of the
corrupting influence of excessive spending by outside interests
and fair to ensure that every citizen who so chooses can run for
public office; and
WHEREAS, Free and fair elections ensure a robust debate and a
healthy marketplace of ideas in the halls of our governments;
and
WHEREAS, The Constitution of the United States should be
amended to further guarantee free and fair elections and the
preservation of the inalienable right to self-government for
future generations of Americans; and
WHEREAS, Article V of the Constitution of the United States
grants the states coequal power to Congress for the proposing of
Federal constitutional amendments; and
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WHEREAS, Article V was added to the Constitution of the
United States at the urging of our founding fathers so that the
several states could protect themselves and their citizens from
encroachments of the Federal Government or in the event that the
Federal Government would someday became unresponsive to the will
of the American people; and
WHEREAS, President Dwight Eisenhower believed that the people
can demand a convention to propose amendments that can and will
reverse any trends they see as fatal to true representative
government, through their state legislatures; and
WHEREAS, President Ronald Reagan also supported the proposal
of amendments via a convention of the states; and
WHEREAS, In President Abraham Lincoln's first inaugural
address he spoke of amending the Constitution, stating, "the
convention mode seems preferable, in that it allows amendments
to originate with the people themselves"; and
WHEREAS, Article V requires Congress to call a constitutional
convention upon the application of two-thirds of the
legislatures of the several states; therefore be it
RESOLVED (the Senate concurring), That the General Assembly
of the Commonwealth of Pennsylvania petition the Congress of the
United States, pursuant to Article V of the Constitution of the
United States, to call a constitutional convention for the sole
purpose of proposing an amendment to the Constitution of the
United States to authorize the several states to regulate
election campaign contributions and expenditures; and be it
further
RESOLVED, That Pennsylvania constitutional convention
delegates be comprised equally of individuals from each
congressional district in Pennsylvania who are currently elected
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to State and local office or who are elected to the delegation,
with all individuals ever elected or appointed to Federal office
prohibited from serving as delegates to the convention; and be
it further
RESOLVED, That the General Assembly of the Commonwealth of
Pennsylvania retain the ability to restrict or expand the
authority of its Pennsylvania delegates within the limits
expressed in this concurrent resolution; and be it further
RESOLVED, That this concurrent resolution constitute a
continuing application considered together with similar
applications calling for a convention on this subject, such as
those approved in 2014 by Vermont's legislature (J.R.S. 27) and
by California's legislature (AJR 1) and as introduced in 2014 by
the North Carolina House of Representatives (H.R. 1258) and as
considered in 2015 in the Montana House of Representatives (HJ
3), until such time as two-thirds of the legislatures of the
several states have, pursuant to Article V, officially applied
for the convention and the convention is called by Congress; and
be it further
RESOLVED, That the Secretary of the Senate and Clerk of the
House of Representatives of the United States enter this
application into a full and complete public tally of state
applications for a constitutional convention authorized by
Article V of the Constitution of the United States; and be it
further
RESOLVED, That a copy of this resolution be transmitted to
the President of the United States, to the President of the
Senate and Speaker of the House of Representatives of the United
States, to each member of Congress from Pennsylvania and to each
house of each state legislature in the United States.
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