HCR14 (2011) Detail

Applying to Congress to convene a convention proposing amendments to the United States Constitution.


HCR 14 – AS INTRODUCED

2011 SESSION

11-0170

10/04

HOUSE CONCURRENT RESOLUTION 14

A RESOLUTION applying to Congress to convene a convention proposing amendments to the United States Constitution.

SPONSORS: Rep. Weyler, Rock 8; Rep. Marshall Quandt, Rock 13; Rep. Shuler, Rock 11; Rep. Sapareto, Rock 5; Sen. Barnes, Jr., Dist 17

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This house concurrent resolution constitutes an application to the United States Congress to convene a convention proposing amendments to the United States Constitution pursuant to Article V of the Constitution. The purpose of the amendments are balanced federal budget and the prohibition of incurring debt, single subject legislation, restraining the growth of the federal government and preventing unfunded mandates, and providing for the repeal of acts of Congress by the state legislatures.

11-0170

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

A RESOLUTION applying to Congress to convene a convention proposing amendments to the United States Constitution.

Whereas, the founding fathers intended that the national government and the states have equal opportunity to propose amendments to the Constitution of the United States; and

Whereas, Article V of the Constitution for the United States provides for 2 means to propose amendments to the Constitution: by the national government, by way of a two-thirds vote of both Houses of Congress, and by the state governments, through a convention convened by Congress at the request of the state legislatures; both having equal validity; and

Whereas, it is the desire of the legislature of the state of New Hampshire, that Congress convene a convention for the purpose of proposing amendments to the Constitution as provided for in Article V; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That the legislature of the state of New Hampshire hereby makes application to the Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention for proposing amendments.

That this application is for a convention limited to considering and proposing amendments on the following subjects:

1. Improving the fiscal management of the federal government by imposing requirements, with any stated exceptions, that federal expenditures during a fixed time period not exceed federal revenues or anticipated revenues during that time period; imposing prohibitions and/or limits on federal debt; and/or imposing limits on expenditures, revenue, and/or taxes.

2. Improving the legislative process by requiring that all bills, orders, votes, and resolutions introduced in and passed by Congress contain only a single subject and/or by providing a minimum time period before passage for bills, orders, votes, and resolutions to be reviewed by members of Congress and members of the general public.

3. Restraining the powers of the federal government by clarifying that the Constitution does not authorize Congress to employ its spending power to regulate activities otherwise outside its enumerated powers and/or prohibiting mandates or requirements on any state, subdivision of any state, or any official thereof, unless the federal government fully funds the cost of compliance.

4. Empowering the legislatures of the several states, with stated exceptions, to repeal all or certain acts of Congress and/or administrative regulations.

That this application shall be deemed an application for a convention to address each and any of the subjects in the preceding clause of this resolution. For purposes of the determining whether two-thirds of the states have applied for a convention addressing any subject, this application is to be aggregated with the applications of any other state legislatures limited to one or more of the subjects in the preceding clause of this resolution.

That this is a continuing application and remains in effect until rescission by any sitting session of the legislature of this state. This application does not constitute a recognition that any particular activity or activities currently undertaken by the federal government is or are authorized by the Constitution.

That copies of this resolution be sent by the house clerk to the President and Secretary of the United States Senate, the Speaker and Clerk of the House of Representatives of the United States Congress, the Archivist of the United States, each member of the New Hampshire congressional delegation; and to the presiding officers of each of the legislative chambers in the several States, requesting their cooperation.