SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE CONCURRENT
RESOLUTION NO. 5009
As Recommended by House Committee on
Federal and State Affairs
Brief*
HCR 5009 would serve as Kansas’ application to
Congress, under the provisions of Article V of the U.S.
Constitution, for the purpose of calling a convention of the
states. The convention would be limited to proposing
amendments to the U.S. Constitution that impose fiscal
restraints on the federal government, limit the power and
jurisdiction of the federal government, and limit the terms of
office for members of Congress and officials.
The resolution would be a continuing application to
Congress for the convention of states until two-thirds of state
legislatures have made application to Congress on the same
subject.
The resolution would make the following findings and
conclusions regarding the federal government:
● The federal government has created a crushing
national debt through improper and imprudent
spending;
● The federal government has invaded the legitimate
roles of the states through the manipulative
process of federal mandates, most of which are
unfunded to a great extent;

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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
● The federal government has ceased to live under a
proper interpretation of the U.S. Constitution; and
● It is the solemn duty of the states to protect the
liberty of the people by proposing amendments to
the U.S. Constitution under Article V for the
purpose of restraining the abuses of power
identified in the resolution.
The resolution also would require the Chief Clerk of the
Kansas House of Representatives to send an enrolled copy
of the resolution to the President and Secretary of the U.S.
Senate, the Speaker and the Clerk of the U.S. House of
Representatives, the Kansas members of the U.S. House and
Senate, and the presiding officers of the Kansas legislative
chambers.
Background
The resolution was introduced in the House Committee
on Federal and State Affairs at the request of
Representatives Burris and Eric Smith.
At the House Committee hearing, a former U.S. Senator
from Oklahoma; representatives of Citizens for Self-
Governance, Convention of States, and the Convention of
States Project; and four private citizens testified in favor of
the resolution. Written-only proponent testimony was
provided by 14 private citizens.
Representatives of the Kansas Campaign for Liberty, a
law professor, and a private citizen testified in opposition to
the resolution. Written-only opponent testimony was provided
by the Center on Budget and Policy Priorities, Kansas Action
for Children, the Kansas Center for Economic Growth, the
Kansas National Education Association, a Georgetown
University Law Center professor, and ten private citizens. No
neutral testimony was provided.
There was no fiscal note available at the time the House
Committee took action.
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