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STATE OF WYOMING
HOUSE JOINT RESOLUTION NO. HJ0006
Convention of states.
Sponsored by: Representative(s) Olsen, Berger, Harshman and Zwonitzer, Dn and Senator(s) Barlow, Biteman,
Brennan, Case, Driskill, Kolb, Laursen, D and Salazar
A JOINT RESOLUTION
for
1 A JOINT RESOLUTION requesting Congress to call a convention
2 for proposing amendments to the United States Constitution as
3 specified.
4
5 WHEREAS, the framers of the Constitution of the United States
6 empowered state legislatures to be guardians of liberty
7 against future abuses of power by the federal government; and
8
9 WHEREAS, the federal government has created a crushing
10 national debt through improper and imprudent spending; and
11
12 WHEREAS, the federal government has invaded the legitimate
13 roles of the states through the manipulative process of
14 federal mandates, many of which are unfunded mandates; and
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2 WHEREAS, the federal government has ceased to operate under
3 a proper interpretation of the Constitution of the United
4 States; and
5
6 WHEREAS, it is the solemn duty of the states to protect the
7 liberty of the people, particularly for future generations,
8 by proposing amendments to the Constitution of the United
9 States through a convention of the states under Article V of
10 the United States Constitution for the purpose of restraining
11 these and related abuses of power.
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
14 LEGISLATURE OF THE STATE OF WYOMING:
15
16 Section 1. That the Legislature of the State of Wyoming
17 hereby applies to Congress, under the provisions of Article
18 V of the Constitution of the United States, for the calling
19 of a convention of the several states limited to proposing
20 amendments to the Constitution of the United States that
21 impose fiscal restraints on the federal government, limit the
22 power and jurisdiction of the federal government and limit
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1 the terms of office for federal officials and members of
2 Congress.
3
4 Section 2.
5
6 (a) That the Legislature of the State of Wyoming adopts
7 the application made under Section 1 of this joint resolution
8 expressly subject to the following reservations,
9 understandings and declarations:
10
11 (i) An application to the Congress of the United
12 States to call a convention of the several states pursuant to
13 Article V of the United States Constitution for the purpose
14 of proposing amendments to the Constitution confers no power
15 to Congress other than the power to call the convention. The
16 power of Congress to exercise this ministerial duty consists
17 solely of the authority to name a reasonable time and place
18 for the initial meeting of a convention;
19
20 (ii) Congress shall call an amendment convention
21 of the states only upon the receipt of applications for an
22 amendment convention for the substantially same purpose as
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1 this application from two-thirds (2/3) of the legislatures of
2 the several states;
3
4 (iii) Congress does not have the power or
5 authority to determine any rules for the governing of an
6 amendment convention of the several states called pursuant to
7 Article V of the United States Constitution. Congress does
8 not have the power to set the number of delegates to be sent
9 by any state to a convention nor does it have the power to
10 name delegates to a convention. The power to name delegates
11 remains exclusively within the authority of the legislatures
12 of the several states;
13
14 (iv) By definition, a convention of the states to
15 propose amendments to the United States Constitution means
16 that states shall vote on the basis of one (1) state, one (1)
17 vote;
18
19 (v) A convention of the several states to propose
20 amendments to the Constitution convened pursuant to this
21 application shall be limited to consideration of the topics
22 specified in this joint resolution and no other. This
23 application is made with the express understanding that an
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1 amendment that in any way seeks to amend, modify or repeal
2 any provision of the Bill of Rights shall not be authorized
3 for consideration in any manner;
4
5 (vi) Pursuant to Article V of the United States
6 Constitution, Congress may determine whether proposed
7 amendments shall be ratified by the legislatures of the
8 several states or by special state ratification conventions.
9 The Legislature of the State of Wyoming recommends that
10 Congress select ratification by the legislatures of the
11 several states; and
12
13 (vii) The Legislature of the State of Wyoming may
14 provide further instructions to its delegates and may recall
15 its delegates at any time for a breach of a duty or a violation
16 of the instructions provided to the delegates.
17
18 Section 3. That this application constitutes a
19 continuing application in accordance with Article V of the
20 Constitution of the United States until the legislatures of
21 at least two-thirds (2/3) of the several states have made
22 applications on the same subject.
23
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1 Section 4. That the Secretary of State of Wyoming
2 transmit copies of this resolution to the President of the
3 United States, to the President of the Senate and the Speaker
4 of the House of Representatives of the United States Congress,
5 to the Wyoming Congressional Delegation and to the presiding
6 officers of each of the legislative houses in the several
7 states, requesting their cooperation.
8
9 (END)
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