HCR3 (2017) Detail

Rescinding all applications by the New Hampshire legislature for a federal constitutional convention and urging other states to withdraw similar requests.


HCR 3 3 - AS INTRODUCED

 

 

2017 SESSION

17-0165

05/10

 

HOUSE CONCURRENT RESOLUTION 3

 

A RESOLUTION rescinding all applications by the New Hampshire legislature for a federal constitutional convention and urging other states to withdraw similar requests.

 

SPONSORS: Rep. McConnell, Ches. 12; Rep. O'Day, Ches. 11; Rep. Fraser, Belk. 1

 

COMMITTEE: State-Federal Relations and Veterans Affairs

 

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ANALYSIS

 

This concurrent resolution rescinds all requests by the New Hampshire legislature for a federal constitutional convention.

 

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17-0165

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

A RESOLUTION rescinding all applications by the New Hampshire legislature for a federal constitutional convention and urging other states to withdraw similar requests.

 

Whereas, the New Hampshire legislature, acting with the best of intentions, has, at various times, and during various sessions, previously made applications to the Congress of the United States of America to call one or more conventions to propose either one or more amendments regarding one or more specific subjects or purposes, or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions of Article V thereof; and

Whereas, the Declaration of Independence proclaims that "it is the Right of the People to alter or to abolish" their form of government whenever it fails to secure their rights, which implies that a convention of representatives of the sovereign people in an Article V "convention for proposing amendments" would have the inherent power to propose sweeping changes to the Constitution (also known as a "runaway" convention), any limitations or restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of the citizens and the duties of various levels of government as defined by our present Constitution; and

Whereas, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times, without the need to resort to an Article V constitutional convention, and has been interpreted for more than 200 years and has been found to be a sound document which protects the lives and liberties of the citizens; and

Whereas, there is no need for, rather, there is great danger in, subjecting our form of government, which is based on the Declaration of Independence and the Constitution, to sweeping changes that would undermine its philosophical foundation of instituting government based on the principle of securing God-given rights; and

Whereas, the best solution for reining in the federal government is an informed electorate which will hold public officials accountable to our existing Constitution with its principles of limited government, rather than risking a runaway Article V convention; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That the New Hampshire legislature does hereby rescind, repeal, cancel, nullify, and supersede to the same effect as if they had never been passed, any and all extant applications by the New Hampshire legislature to the Congress of the United States of America to call a convention to propose amendments to the Constitution of the United States of America, pursuant to the terms of Article V thereof, regardless of when or by which session or sessions of the New Hampshire legislature such applications were made and regardless of whether such applications were for a limited convention to propose one or more amendments regarding one or more specific subjects or purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects; and

That the New Hampshire legislature urges the legislatures of each and every state which has applied to Congress to call a convention for either a general or a limited constitutional convention, to repeal, and withdraw such applications; and

That the house clerk be, and is hereby authorized and directed to send copies of this resolution to the secretary of state, the presiding officers of both houses of the legislatures of each state in the Union, the President of the United States Senate, the Speaker and Clerk of the United States House of Representatives, the Chairman of the Judiciary Committee of the United States House of Representatives, and to the members of Congress of the United States representing the state and people of New Hampshire.

Links

HCR3 at GenCourtMobile

Action Dates

Date Body Type
Jan. 19, 2017 House Hearing
Jan. 25, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote

Bill Text Revisions

HCR3 Revision: 680 Date: Jan. 31, 2017, 8:22 a.m.

Docket


: Died on Table


Feb. 9, 2017: Lay on Table (Rep. Hinch): MA VV 02/09/2017 HJ 6 P. 23


: Minority Committee Report: Ought to Pass


Feb. 9, 2017: Majority Committee Report: Inexpedient to Legislate for 02/09/2017 (Vote 11-6; RC) HC 10 P. 12


Jan. 25, 2017: Executive Session: 01/25/2017 10:00 AM LOB 206


Jan. 19, 2017: Public Hearing: 01/19/2017 11:00 AM LOB 206


Jan. 4, 2017: Introduced 01/04/2017 and referred to State-Federal Relations and Veterans Affairs HJ 2 P. 23