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SCR120.....................................................by STATE AFFAIRS CONSTITUTIONAL CONVENTION - Stating findings of the Legislature and repealing, rescinding, canceling, nullifying and superseding all 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. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to St Aff
SCR120|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 120 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 AND DIRECTING COPIES OF THIS RESOLUTION BE SENT TO 9 SPECIFIED PERSONS. 10 Be It Resolved by the Legislature of the State of Idaho: 11 WHEREAS, the Legislature of the State of Idaho, acting with the best of 12 intentions, has, at various times, and during various sessions, previously 13 made applications to the Congress of the United States of America to call one 14 or more conventions to propose either a single amendment concerning a specific 15 subject or to call a general convention to propose an unspecified and unlim- 16 ited number of amendments to the United States Constitution, pursuant to the 17 provisions of Article V thereof; and 18 WHEREAS, former Justice of the United States of America Warren E. Burger, 19 former Associate Justice of the United States Supreme Court Arthur J. Goldberg 20 and other leading constitutional scholars agree that such a convention may 21 propose sweeping changes to the Constitution, any limitations or restrictions 22 purportedly imposed by the states in applying for such a convention or conven- 23 tions to the contrary notwithstanding, thereby creating an imminent peril to 24 the well-established rights of the citizens and the duties of various levels 25 of government; and 26 WHEREAS, the Constitution of the United States of America has been amended 27 many times in the history of this nation and may be amended many more times, 28 without the need to resort to a constitutional convention, and has been inter- 29 preted for more than two hundred years and has been found to be a sound docu- 30 ment which protects the lives and liberties of the citizens; and 31 WHEREAS, there is no need for, rather, there is great danger in, a new 32 Constitution or in opening the Constitution to sweeping changes, the adoption 33 of which would only create legal chaos in this nation and only begin the proc- 34 ess of another two centuries of litigation over its meaning and interpreta- 35 tion. 36 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session 37 of the Fifty-fifth Idaho Legislature, the Senate and the House of Representa- 38 tives concurring therein, that the Legislature does hereby repeal, rescind, 39 cancel, nullify, and supersede to the same effect as if they had never been 40 passed, any and all extant applications by the Legislature of the State of 41 Idaho to the Congress of the United States of America to call a convention to 42 propose amendments to the Constitution of the United States of America, pursu- 43 ant to the terms of Article V thereof, regardless of when or by which session 44 or sessions of the Idaho Legislature such applications were made and regard- 2 1 less of whether such applications were for a limited convention to propose one 2 or more amendments regarding one or more specific subjects and purposes or for 3 a general convention to propose an unlimited number of amendments upon an 4 unlimited number of subjects. 5 BE IT FURTHER RESOLVED that the following resolutions and memorials, be, 6 and the same are hereby specifically repealed, rescinded, canceled, nullified 7 and superseded: S.J.M. 2, 1901 Session of the Legislature; S.J.R. 2, 1927 Ses- 8 sion of the Legislature; H.C.R. 6, 1957 Session of the Legislature; S.J.M. 9, 9 1963 Session of the Legislature; H.J.M. 7, 1963 Session of the Legislature; 10 S.J.M. 1, 1965 Session of the Legislature; H.C.R. 7, 1979 Session of the Leg- 11 islature; and S.C.R. 132, 1980 Session of the Legislature. 12 BE IT FURTHER RESOLVED that the Legislature of the State of Idaho urges 13 the legislatures of each and every state which has applied to Congress to call 14 a convention for either a general or a limited constitutional convention, to 15 repeal and rescind such applications. 16 BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is 17 hereby authorized and directed to send copies of this Resolution to the Secre- 18 tary of State of each state in the Union, to the presiding officers of both 19 houses of the Legislatures of each state in the Union, to the President of the 20 United States Senate, to the Speaker of the United States House of Representa- 21 tives, to the members of the Congress of the United States representing the 22 State and people of Idaho, and the administrator of General Services, Washing- 23 ton, D.C.
STATEMENT OF PURPOSE
RS 08657
Since Idaho became a state, the Legislature has, at various
times and in various sessions, made application to the
Congress of the United States to call one or more
constitutional conventions. We have been able to identify
eight such calls in years ranging from 1901 to 1980. It is
possible that other applications have been made that we have
not identified. Each of those applications identified are
non-expiring.
Even though each of the identified applications has been for
a specific purpose, it is the opinion of some constitutional
scholars that these applications can be accumulated and used
to call a constitutional convention based on the call of 34
states of which Idaho could be named as one of those states.
It is further the opinion of these scholars, that once a
constitutional convention is called it is not possible to
limit the business of the convention to any single matter and
would present the opportunity to wreak havoc with the
Constitution of the United States or even to write a
completely new constitution.
The purpose of this resolution is to repeal, rescind, cancel,
nullify and supersede any and all previous applications -
eight applications are specifically named - to prevent the
use of Idaho's name in calling for any constitutional
convention.
FISCAL NOTE
None
CONTACT: Sen. Grant R. Ipsen
208-342-4470 home
208-332-1327 Senate office
208-342-0261 fax
STATEMENT OF PURPOSE/ FISCAL NOTE SCR120