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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
SCR129|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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.