1999 Legislation
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SENATE CONCURRENT RESOLUTION NO. 129 – Constitution Conv, rescind request

SENATE CONCURRENT RESOLUTION NO. 129

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SCR129.....................................................by STATE AFFAIRS
CONSTITUTIONAL CONVENTION - Stating findings of the Legislature and
repealing, rescinding, canceling, nullifying and superseding certain
applications made by the Legislature of the State of Idaho to call a
constitutional convention to propose amendments to the Constitution of the
United States and reaffirming the request for an amendment requiring that
federal outlays shall not exceed receipts.

02/25    Senate intro - 1st rdg - to printing
02/26    Rpt prt - to 10th Ord
03/01    10th ord - ADOPTED - voice vote
    Title apvd - to House
03/02    House intro - 1st rdg - to St Aff
03/09    Rpt out - w/o rec - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/15    3rd rdg - ADOPTED - 38-31-1
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Denney, Ellsworth, Gagner, Geddes, Hadley, Hammond,
      Hansen(23), Jaquet, Judd, Kempton, Kendell, Kunz, Limbaugh, Linford,
      Loertscher, Marley, McKague, Mortensen, Moyle, Ringo, Robison, Sali,
      Smith, Smylie, Stevenson, Stoicheff, Taylor, Tippets, Williams,
      Mr Speaker
      NAYS -- Alltus, Campbell, Chase, Clark, Crow, Cuddy, Deal, Field(13),
      Field(20), Gould, Hansen(29), Henbest, Hornbeck, Jones, Kellogg,
      Lake, Mader, Meyer(Duncan), Montgomery, Pischner, Pomeroy, Reynolds,
      Ridinger, Schaefer, Sellman, Stone, Tilman, Trail, Watson, Wheeler,
      Zimmermann
      Absent and excused -- Wood
    Floor Sponsor - Tippets, Smylie
    Title apvd - to Senate
03/16    To enrol - Rpt enrol - Pres signed
03/17    Sp signed
03/19    To Secretary of State

Bill Text


SCR129


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                           SENATE CONCURRENT RESOLUTION NO. 129

                                BY STATE AFFAIRS COMMITTEE

 1                               A CONCURRENT RESOLUTION
 2    STATING FINDINGS OF THE LEGISLATURE, REPEALING, RESCINDING, CANCELING, VOIDING
 3        AND SUPERSEDING ANY AND ALL EXTANT APPLICATIONS BY THE LEGISLATURE OF  THE
 4        STATE  OF IDAHO HERETOFORE MADE DURING ANY SESSION THEREOF TO THE CONGRESS
 5        OF THE UNITED STATES OF AMERICA TO CALL A CONVENTION PURSUANT TO THE TERMS
 6        OF ARTICLE V OF THE UNITED STATES CONSTITUTION FOR PROPOSING ONE  OR  MORE
 7        AMENDMENTS  TO  THE  CONSTITUTION AND URGING THE LEGISLATURES OF THE OTHER
 8        STATES TO DO THE SAME, REAFFIRMING THE REQUEST FOR AN AMENDMENT  REQUIRING
 9        THAT  FEDERAL  OUTLAYS  NOT  EXCEED RECEIPTS, AND DIRECTING COPIES OF THIS
10        RESOLUTION BE SENT TO SPECIFIED PERSONS.

11    Be It Resolved by the Legislature of the State of Idaho:

12        WHEREAS, the Legislature of the State of Idaho, acting with  the  best  of
13    intentions,  has,  at  various  times, and during various sessions, previously
14    made applications to the Congress of the United States of America to call  one
15    or more conventions to propose either a single amendment concerning a specific
16    subject  or  to call a general convention to propose an unspecified and unlim-
17    ited number of amendments to the United States Constitution, pursuant  to  the
18    provisions of Article V thereof; and
19        WHEREAS,  former Justice of the United States of America Warren E. Burger,
20    former Associate Justice of the United States Supreme Court Arthur J. Goldberg
21    and other leading constitutional scholars agree that  such  a  convention  may
22    propose  sweeping changes to the Constitution, any limitations or restrictions
23    purportedly imposed by the states in applying for such a convention or conven-
24    tions to the contrary notwithstanding, thereby creating an imminent  peril  to
25    the  well-established  rights of the citizens and the duties of various levels
26    of government; and
27        WHEREAS, the Constitution of the United States of America has been amended
28    many times in the history of this nation and may be amended many  more  times,
29    without the need to resort to a constitutional convention, and has been inter-
30    preted  for more than two hundred years and has been found to be a sound docu-
31    ment which protects the lives and liberties of the citizens; and
32        WHEREAS, there is no need for, rather, there is great  danger  in,  a  new
33    Constitution  or in opening the Constitution to sweeping changes, the adoption
34    of which would only create legal chaos in this nation and only begin the proc-
35    ess of another two centuries of litigation over its  meaning  and  interpreta-
36    tion.
37        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
38    of  the Fifty-fifth Idaho Legislature, the Senate and the House of Representa-
39    tives concurring therein, that the Legislature does  hereby  repeal,  rescind,
40    cancel,  nullify,  and  supersede to the same effect as if they had never been
41    passed, any and all extant applications by the Legislature  of  the  State  of
42    Idaho  to the Congress of the United States of America to call a convention to
43    propose amendments to the Constitution of the United States of America, pursu-
44    ant to the terms of Article V thereof, regardless of when or by which  session


                                      2

 1    or  sessions  of the Idaho Legislature such applications were made and regard-
 2    less of whether such applications were for a limited convention to propose one
 3    or more amendments regarding one or more specific subjects and purposes or for
 4    a general convention to propose an unlimited  number  of  amendments  upon  an
 5    unlimited number of subjects.
 6        BE  IT  FURTHER RESOLVED that the following resolutions and memorials, be,
 7    and the same are hereby specifically repealed, rescinded, canceled,  nullified
 8    and superseded: S.J.M. 2, 1901 Session of the Legislature; S.J.R. 2, 1927 Ses-
 9    sion  of the Legislature; H.C.R. 6, 1957 Session of the Legislature; S.J.M. 9,
10    1963 Session of the Legislature; H.J.M. 7, 1963 Session  of  the  Legislature;
11    S.J.M.  1, 1965 Session of the Legislature; H.C.R. 7, 1979 Session of the Leg-
12    islature; and S.C.R. 132, 1980 Session of the Legislature.
13        BE IT FURTHER RESOLVED that the Legislature of the State  of  Idaho  urges
14    the Legislatures of each and every state which has applied to Congress to call
15    a  convention  for either a general or a limited constitutional convention, to
16    repeal and rescind such applications.
17        BE IT FURTHER RESOLVED that, notwithstanding any other provision  of  this
18    Resolution,  the  Legislature  hereby reaffirms its request to the Congress of
19    the United States of America that the Congress of the United States propose an
20    amendment to the Constitution of the United States of  America  requiring,  in
21    the absence of a national emergency, that the total of all federal outlays for
22    any  fiscal  year  shall not exceed the total of all federal receipts for that
23    fiscal year, which amendment may also limit the power of Congress to  increase
24    federal taxes, and remit it to the several states for ratification.
25        BE  IT  FURTHER  RESOLVED  that the Secretary of the Senate be, and she is
26    hereby authorized and directed to send copies of this Resolution to the Secre-
27    tary of State of each state in the Union, to the presiding  officers  of  both
28    houses of the Legislatures of each state in the Union, to the President of the
29    United States Senate, to the Speaker of the United States House of Representa-
30    tives,  to  the  members of the Congress of the United States representing the
31    State and people of Idaho, and the administrator of General Services, Washing-
32    ton, D.C.