2017 Montana Legislature

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SENATE JOINT RESOLUTION NO. 14

INTRODUCED BY R. WEBB

 

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA MAKING A FORMAL APPLICATION TO THE UNITED STATES CONGRESS TO CALL AN ARTICLE V AMENDMENT CONVENTION OF THE SEVERAL STATES FOR THE PURPOSE OF PROPOSING THE STATE LEGISLATURES' PREAPPROVED SINGLE ISSUE COUNTERMAND AMENDMENT TO THE UNITED STATES CONSTITUTION PROVIDING STATES A PROCESS TO COLLECTIVELY COUNTERMAND OR REPEAL ANY FEDERAL LAW OR RULING.

 

     WHEREAS, Article IV, Section 4, of the United States Constitution guarantees to every state a republican form of government that gives each state equal standing when calling for an Article V amendment convention; and

     WHEREAS, Article V of the United States Constitution reserves to the state legislatures the right to apply for an amendment convention for the purpose of proposing amendments to the United States Constitution when Congress, the courts, or the executive branch refuse to address an egregious wrong suffered by the people; and

     WHEREAS, the state legislatures alone have the authority to limit the agenda and authority of delegates and alternates they send to a convened Article V convention. This authority does not reside in the United States Congress, nor in the federal or state courts, nor in the federal or state executive branches. This authority resides solely in state legislatures; and

     WHEREAS, Congress, under Article V of the United States Constitution, is required to call for an amendment convention as directed and defined by the state legislatures of the several states.

 

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

     That the sixty-fifth legislative assembly urges the Congress of the United States to call a single issue countermand amendment convention for the purpose of deciding whether the preapproved proposed countermand amendment by the state legislatures should be sent back to the several states for ratification.

     BE IT FURTHER RESOLVED, that this resolution constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two-thirds of the several states have made identical or substantially similar applications.

     BE IT FURTHER RESOLVED, that Congress call for the convening of the countermand amendment convention within 60 days from the date it receives this same or similar application from two-thirds of the several states.

     BE IT FURTHER RESOLVED, that the Secretary of State is directed to transmit copies of this joint resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, to each member of the Montana delegation to the United States Senate and United States House of Representatives, and the presiding officer of each house of each state legislature in the United States, requesting their cooperation.

- END -

 


Latest Version of SJ 14 (SJ0014.01)
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