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HCR048.....................................................by STATE AFFAIRS
CONSTITUTIONAL CONVENTION - Stating findings of the legislature and
repealing, rescinding, cancelling, voiding and superseding any and all
applications of the Idaho Legislature to the Congress of the United States
for a call of a constitutional convention.
03/09 House intro - 1st rdg - to printing
03/10 Rpt prt - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/16 Rls susp - ADOPTED, voice vote
Title apvd - to Senate
03/16 Senate intro - 1st rdg - to St Aff
03/18 Rpt out - rec d/p - to 10th Ord
03/19 10th Ord - FAILED - 17-17-1
AYES--Andreason, Bunderson, Burtenshaw, Cameron, Darrington, Deide,
Frasure, Geddes, Hawkins, Ipsen, Lee, Noh, Richardson, Risch, Sandy,
Stennett, Twiggs
NAYS--Boatright, Branch, Crow, Danielson, Dunklin, Ingram, Keough,
King, McLaughlin, Parry, Riggs, Schroeder, Sorensen, Sweeney, Thorne,
Wheeler, Whitworth
Absent and excused--Hansen
Floor Sponsor - Ipsen
Returned to House - filed with Chief Clerk
HCR048|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 48 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 Second Regular Ses- 37 sion of the Fifty-fourth Idaho Legislature, the House of Representatives and 38 the Senate concurring therein, that the Legislature does hereby repeal, 39 rescind, cancel, nullify, and supersede to the same effect as if they had 40 never been passed, any and all extant applications by the Legislature of the 41 State of Idaho to the Congress of the United States of America to call a con- 42 vention to propose amendments to the Constitution of the United States of 43 America, pursuant to the terms of Article V thereof, regardless of when or by 44 which session or sessions of the Idaho Legislature such applications were made 2 1 and regardless of whether such applications were for a limited convention to 2 propose one or more amendments regarding one or more specific subjects and 3 purposes or for a general convention to propose an unlimited number of amend- 4 ments upon an 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 this resolution in no way decreases our strong 17 support for a balanced budget amendment to the Constitution of the United 18 States which was affirmed by S.J.M. 102 in 1997 by the First Regular Session 19 of the Fifty-fourth Legislature. With this House Concurrent Resolution, we 20 reaffirm our solid and united support and desire for an amendment to the Con- 21 stitution requiring a balanced budget. 22 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa- 23 tives be, and she is hereby authorized and directed to send copies of this 24 Resolution to the Secretary of State of each state in the Union, to the pre- 25 siding officers of both houses of the legislatures of each state in the Union, 26 to the President of the United States Senate, to the Speaker of the United 27 States House of Representatives, to the members of the Congress of the United 28 States representing the state and the people of Idaho, and the administrator 29 of General Services, Washington, D.C.
STATEMENT OF PURPOSE
RS08058C1
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 the years ranging from 1901 to 1980. It is possible that
other applications have been made that we have not 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. Further, this resolution reconfirms the legislature's support for the
Balanced Budget Amendment.
Fiscal Impact
None
CONTACTS
Name: Representative Mark Stubbs
Phone: (208) 332-1000
Name: Senator Grant R. Ispen
Phone: (208) 332-1000
Statement of Purpose/Fiscal Impact
HCR 48