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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | August 28, 2015 01:08 PM |
|---|---|
| From: | Senator John H. Eichelberger, Jr. |
| To: | All Senate members |
| Subject: | Concurrent Resolution--Convention of States to amend U.S. Constitution (re: federal regulations) |
In the near future, I will be introducing a concurrent resolution, calling for a “Convention of States,” otherwise known as a limited constitutional convention under Article V of the United States Constitution. The purpose of such a convention is to propose amendments to the United States Constitution. This is one of two methods provided by the United States Constitution for proposing amendments. Amendments may be proposed by Congress, or, alternatively, by a “Convention for proposing Amendments.” Under the latter method, upon “application” by two-thirds of the states, Congress would be required to call a convention. Any amendment proposed by the convention would need to be ratified by three-quarters of states in order to be adopted. As noted by Forbes magazine in January, “Most Americans see little difference between a federal law passed by Congress and a rule issued by a federal agency: Both are legally enforced mandates handed down from Washington. But increasingly—federal rules—not legislation, are serving as the law in America.” My Resolution would call for a convention of states for the sole purpose of adding the following language to the Constitution: "Whenever one quarter of the Members of the House or the Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation." My resolution would further strictly limit the authority of any convention delegates from Pennsylvania to the scope of the Article V Resolution, and replace and punish delegates who violated the law in the same way some states now punish faithless presidential electors. Placing limits on delegates appointed to the convention to eliminate the possibility of a “runaway convention,” the reason most often cited by critics in opposition to an Article V Convention. I believe this proposal for a Convention of States on this topic will create a needed opportunity to hold the federal government accountable to the voices of the people. |
Introduced as SR276