Regular Session 2017-2018 Senate Resolution 0133 P.N. 0904

PRINTER'S NO. 904

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

133

Session of

2017

INTRODUCED BY EICHELBERGER, MARTIN, ARGALL, VOGEL, BARTOLOTTA,

BROWNE, WAGNER AND WHITE, JUNE 4, 2017

REFERRED TO STATE GOVERNMENT, JUNE 4, 2017

A CONCURRENT RESOLUTION

Petitioning the Congress of the United States to call a

Constitutional Convention 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.

WHEREAS, The Founders of our Constitution empowered State

legislators 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, most of which are unfunded to a great extent; 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, especially for future generations, by

proposing amendments to the Constitution of the United States

through a Constitutional Convention under Article V for the

purpose of restraining these and related abuses of power;

therefore be it

RESOLVED (the House of Representatives concurring), That the

General Assembly of the Commonwealth of Pennsylvania hereby

apply to Congress for a Constitutional Convention, under the

provisions of Article V of the Constitution of the United

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 for its officials and for members of

Congress; and be it further

RESOLVED, 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

of the several states have made applications on the same

subject; and be it further

RESOLVED, That the General Assembly of the Commonwealth adopt

this application expressly subject to the following

reservations, understandings and declarations:

(1) An application to Congress for an Article V

Convention confers no power on Congress other than to perform

a ministerial function to call a Convention of States.

(2) This ministerial duty shall be performed by Congress

only when Article V applications for substantially the same

purpose are received from two-thirds of the legislatures of

the several states.

(3) The power of Congress to call a Convention of States

solely consists of the authority to name a reasonable time

and place for the initial meeting of the Convention of

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States.

(4) Congress possesses no power to name delegates to the

Convention of States, as this power remains exclusively

within the authority of the legislatures of the several

states.

(5) Congress possesses no power to set the number of

delegates to be sent by any state.

(6) Congress possesses no power to determine any rules

for the Convention of States.

(7) A Convention of States means that states vote on the

basis of one state, one vote.

(8) A Convention of States convened pursuant to this

application is limited to consideration of topics solely

specified in this resolution.

(9) This application is made with the express

understanding that no amendment which in any way seeks to

amend, modify or repeal any provision of the Bill of Rights

of the Constitution of the United States is authorized for

consideration at any stage.

(10) This application shall be void ab initio if ever

used at any stage to consider any change to any amendment

within the Bill of Rights.

(11) The General Assembly of the Commonwealth may

provide further instructions to its delegates.

(12) The General Assembly of the Commonwealth may recall

its delegates at any time for breach of their duties or

violation of their instructions.

(13) Under Article V, Congress may determine whether

proposed amendments shall be ratified by the legislatures of

the several states or by special state ratification

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conventions;

and be it further

RESOLVED, That the General Assembly of Pennsylvania recommend

that Congress choose ratification by state legislatures;

and be it further

RESOLVED, That the General Assembly of the Commonwealth

appoint five delegates to any Convention of States called

pursuant to this application in accordance with the following:

(1) That the Senate choose two delegates. The House of

Representatives shall choose two delegates. Each chamber

shall nominate two additional persons to serve as alternates.

The President pro tempore of the Senate and the Speaker of

the House of Representatives shall jointly choose the fifth

delegate from the list of nominated alternates.

(2) The President pro tempore of the Senate and the

Speaker of the House of Representatives shall each nominate

five persons to serve as delegates. Each legislator may cast

a vote for not more than two persons on their respective

slate. The two candidates getting the most votes are the

convention delegates appointed by each respective chamber.

The two candidates getting the next highest number of votes

are appointed as alternate delegates.

(3) That neither the Governor, nor any current member of

the Congress of the United States nor any sitting judge of

any court be appointed as a delegate of the Commonwealth.

(4) That travel and per diem expenses of each delegate

of the Commonwealth be paid by the Commonwealth on the same

basis as the reimbursement for such costs when members of the

legislature travel on official business of the Commonwealth.

(5) That any delegate or alternate of the Commonwealth

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who receives and accepts any item of value, excluding

education materials, from any person or entity in any

connection with his or her service be immediately

disqualified and shall be replaced by an alternate

immediately.

(6) That each delegate of the Commonwealth take the

following oath on penalty of perjury:

"I promise to faithfully conduct my duties as a

delegate from Pennsylvania to the Convention of

States. I will obey all instructions received with my

commission. Specifically, I will not support, but

will affirmatively oppose, any proposal that goes

outside the subject matter specified therein. I

further agree to immediately notify the President pro

tempore of the Senate and the Speaker of the House of

Representatives if I believe that any Pennsylvania

delegate or alternate delegate has violated his or

her oath or instructions while participating in the

Convention of States. I realize that I can and will

be immediately removed from my position if I violate

this oath and that I will be required to reimburse

the Commonwealth of Pennsylvania for all expenses

paid to me as a delegate. I realize also that I may

be punished for contempt by the General Assembly for

failing to adhere to this oath."

(7) That prior to the Convention of States, the General

Assembly of the Commonwealth may by joint resolution provide

further instructions to the delegates of the Commonwealth

selected pursuant to this section regarding the scope of

matters they may consider and vote on at the Convention of

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States, including rules of procedure and proposed amendments.

Such instructions may be changed by the legislature prior to

or during the course of the Convention of States. These

instructions may include:

(i) an instruction that the Pennsylvania delegates

may not support any voting rule other than the default

rule whereby each state exercises one vote; and

(ii) an instruction that on all voting matters at

the Convention of States, the decision of a simple

majority of the delegates of the Commonwealth shall

constitute a single vote for Pennsylvania.

(8) That after delegates of the Commonwealth have been

selected, the General Assembly of the Commonwealth by joint

resolution recall delegates or alternates to the Convention

of States or appoint new delegates or alternates.

(9) That if the General Assembly of the Commonwealth is

not in session, delegates of the Commonwealth be suspended

pending a joint resolution by a joint legislative committee

duly authorized by the General Assembly for that purpose.

This joint legislative committee shall be authorized to

conduct its business via telephone or other means of real-

time electronic communication.

(10) A delegate who is recalled, disqualified or

otherwise unable to perform his or her duties shall be

immediately replaced by one of the alternates, as directed by

the joint resolution or duly authorized joint legislative

committee.

(11) That any vote cast by a delegate of the

Commonwealth or an alternate delegate at an Article V

Convention that is outside the scope of the following be

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void:

(i) the instructions established by a joint

resolution adopted under this section; and

(ii) the limits placed by the General Assembly of

the Commonwealth in a joint resolution that calls for an

Article V Convention for the purpose of proposing

amendments to the Constitution of the United States on

the subjects and amendments that may be considered by the

Article V Convention or, if Pennsylvania were not one of

the states applying for an Article V Convention, the

limits contained in the narrowest state resolution

applying for the Article V Convention;

and be it further

RESOLVED, That this resolution constitute a continuing

application in accordance with Article V of the Constitution of

the United States until at least two-thirds of the legislatures

of the several states have made application for a Convention on

the same subject; and be it further

RESOLVED, That a certified copy of this resolution be

transmitted by the Secretary of the Commonwealth to the

President of the United States Senate, the Speaker of the United

States House of Representatives, each member of the Pennsylvania

delegation to Congress and to the presiding officers of each

house of the state legislatures requesting their cooperation in

applying for a Convention limited to the subject matter

contemplated by this application.

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