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HCR024....................................................by WAYS AND MEANS UNITED STATES CONSTITUTION - Stating findings of the Legislature and authorizing the Legislative Council to appoint a committee to study the question of whether certain applications made by the Idaho Legislature to the United States Congress requesting that a convention be called to propose one or more amendments to the United States Constitution would threaten to bring about sweeping changes in the United States Constitution or whether these applications can be limited to the specific issue. 03/08 House intro - 1st rdg - to printing 03/09 Rpt prt - to St Aff
HCR024|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 24 BY WAYS AND MEANS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING FINDINGS OF THE LEGISLATURE, AUTHORIZING THE LEGISLATIVE COUNCIL TO 3 APPOINT A COMMITTEE TO STUDY THE QUESTION OF WHETHER CERTAIN APPLICATIONS 4 BY THE LEGISLATURE OF THE STATE OF IDAHO MADE TO THE CONGRESS OF THE 5 UNITED STATES OF AMERICA TO CALL A CONVENTION PURSUANT TO THE TERMS OF 6 ARTICLE V OF THE UNITED STATES CONSTITUTION FOR PROPOSING ONE OR MORE 7 AMENDMENTS TO THE CONSTITUTION THREATEN TO BRING ABOUT SWEEPING CHANGES IN 8 THE CONSTITUTION OR WHETHER THESE APPLICATIONS CAN BE LIMITED TO THE SPE- 9 CIFIC ISSUE OR AMENDMENT THEREIN, AUTHORIZING THE INTERIM STUDY COMMITTEE 10 TO HOLD HEARINGS ON THE QUESTIONS AND DIRECTING THE INTERIM STUDY COMMIT- 11 TEE TO REPORT BACK TO THE LEGISLATURE ON ITS FINDINGS. 12 Be It Resolved by the Legislature of the State of Idaho: 13 WHEREAS, our nation's founders established a unique system of governance 14 delicately balanced between the federal government and the governments of the 15 states, viewing each as coequal branches of government, with clearly enumer- 16 ated powers; and 17 WHEREAS, one of the powers granted to the states by the founders was the 18 power to make application to the Congress of the United States for the purpose 19 of convening a convention to offer amendments to the Constitution, pursuant to 20 the provisions of Article V thereof; and 21 WHEREAS, the Legislature of the State of Idaho, exercising this power 22 granted by the founders, has at various times, and during various sessions, 23 previously made applications to the Congress of the United States of America 24 to call one or more conventions to propose either a single amendment concern- 25 ing a specific subject or to call a general convention to propose an 26 unspecified and unlimited number of amendments to the United States Constitu- 27 tion; and 28 WHEREAS, one of the applications made by the Legislature of the State of 29 Idaho was for a limited convention to propose a specific amendment to the Con- 30 stitution of the United States requiring, in the absence of a national emer- 31 gency, that the total of all federal outlays for any fiscal year shall not 32 exceed the total of all federal receipts for the fiscal year, which amendment 33 may also limit the power of Congress to increase federal taxes; and 34 WHEREAS, a repeal of the application made by the Legislature of the State 35 of Idaho for a limited convention to propose such an amendment may be seen as 36 a removal of the Legislature's support for said amendment; and 37 WHEREAS, the Legislature of the State of Idaho continues to believe that 38 the absence of such an amendment to the Constitution will allow the federal 39 government to continue to increase expenditures and debt to the detriment of 40 the fiscal health of our nation and future generations; and 41 WHEREAS, many respected legal scholars are confident that such conventions 42 may be limited to a single specific subject and would be without authority to 43 propose sweeping changes; and 44 WHEREAS, the Legislature of the State of Idaho wants to be absolutely sure 2 1 that the convention process as envisioned by the inspired wisdom of our 2 nation's founders is a safe process that will not lead to the adoption of 3 sweeping changes to the Constitution; and 4 WHEREAS, the Legislature of the State of Idaho believes that the issue of 5 whether the state can safely exercise the power granted to it by the nation's 6 founders is of such importance and that the possibility of a convention being 7 convened in the immediate future is so remote, that a thorough review and 8 study of the issue is warranted. 9 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session 10 of the Fifty-fifth Idaho Legislature, the House of Representatives and the 11 Senate concurring therein, that the Legislative Council is authorized to 12 appoint a committee to undertake and review issues related to Article V of the 13 United States Constitution; and that this committee shall examine the question 14 of whether the state of Idaho's applications to the United States Congress for 15 a convention to propose amendments to the Constitution could in any way serve 16 as a vehicle for sweeping changes thereof, or whether such applications may be 17 limited to specific subjects. 18 BE IT FURTHER RESOLVED that this committee shall examine the question of 19 whether the established process for approving amendments to the Constitution 20 proposed by any convention provides a sufficient safeguard against the enact- 21 ing of sweeping changes therein. The Legislative Council shall determine the 22 number of legislators and membership from each house appointed to the commit- 23 tee and shall authorize the committee to receive input, advice and assistance 24 from interested and affected parties who are not members of the Legislature. 25 BE IT FURTHER RESOLVED that nonlegislative members of the committee may be 26 appointed by the cochairs of the committee who are appointed by the Legisla- 27 tive Council. Nonlegislative members of the advisory committee shall not be 28 reimbursed from legislative funds for per diem, mileage or other expenses and 29 shall not have voting privileges regarding the committee's recommendations or 30 proposed legislation. 31 BE IT FURTHER RESOLVED that the committee shall report its findings, rec- 32 ommendations and proposed legislation, if any, to the Second Regular Session 33 of the Fifty-fifth Idaho Legislature.
STATEMENT OF PURPOSE
RS09183C1
The resolution would authorize the Legislative Council to appoint an
interim study committee to hear from experts on Constitutional law
and report its findings to the Second Regular Session of the 55th
Legislature to enhance the general knowledge of the legislature and
the general public of Article V of the United States Constitution
and to ensure safety of all concerned.
FISCAL NOTE
It is anticipated that legislative funding for this committee will
not exceed $12,000.00.
CONTACT: Jerry Deckard, CapitolWest
(208) 342-8900
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. HCR 24