PRINTER'S NO. 1005
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No. 152
Session of
2021
INTRODUCED BY DUSH, PHILLIPS-HILL, MARTIN, DiSANTO, ARGALL,
PITTMAN AND MASTRIANO, JULY 26, 2021
REFERRED TO STATE GOVERNMENT, JULY 26, 2021
A CONCURRENT RESOLUTION
1 Petitioning the Congress of the United States to call a
2 Convention for proposing amendments pursuant to Article V of
3 the Constitution of the United States limited to proposing
4 amendments that impose fiscal restraints on the Federal
5 Government, limit the power and jurisdiction of the Federal
6 Government and limit the terms of office for its officials
7 and for members of Congress.
8 WHEREAS, The Founders of our Constitution empowered State
9 legislators to be guardians of liberty against future abuses of
10 power by the Federal Government; and
11 WHEREAS, The Federal Government has created a crushing
12 national debt through improper and imprudent spending; and
13 WHEREAS, The Federal Government has invaded the legitimate
14 roles of the states through the manipulative process of Federal
15 mandates, most of which are unfunded to a great extent; and
16 WHEREAS, The Federal Government has ceased to operate under a
17 proper interpretation of the Constitution of the United States;
18 and
19 WHEREAS, It is the solemn duty of the states to protect the
20 liberty of our people, especially for future generations, by
 1 proposing amendments to the Constitution of the United States
2 through a Convention for proposing amendments under Article V
3 for the purpose of restraining these and related abuses of
4 power; therefore be it
5 RESOLVED (the House of Representatives concurring), That the
6 General Assembly of the Commonwealth of Pennsylvania hereby
7 apply to the Congress of the United States under the provisions
8 of Article V of the Constitution of the United States, for the
9 calling of a Convention limited to proposing amendments to the
10 Constitution of the United States that impose fiscal restraints
11 on the Federal Government, limit the power and jurisdiction of
12 the Federal Government and limit the terms of office for its
13 officials and for members of Congress; and be it further
14 RESOLVED, That this application constitute a continuing
15 application in accordance with Article V of the Constitution of
16 the United States until the legislatures of at least two-thirds
17 of the several states have made applications on the same
18 subject; and be it further
19 RESOLVED, That the General Assembly of the Commonwealth adopt
20 this application expressly subject to the following
21 reservations, understandings and declarations:
22 (1) An application to Congress for an Article V
23 Convention confers no power on Congress other than to perform
24 a ministerial function to call a Convention.
25 (2) This ministerial duty shall be performed by Congress
26 only when Article V applications for substantially the same
27 purpose are received from two-thirds of the legislatures of
28 the several states.
29 (3) The power of Congress to call a Convention solely
30 consists of the authority to name a reasonable time and place
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 1 for the initial meeting of the Convention.
2 (4) Congress possesses no power to name delegates to the
3 Convention, as this power remains exclusively within the
4 authority of the legislatures of the several states.
5 (5) Congress possesses no power to set the number of
6 delegates to be sent by any state.
7 (6) Congress possesses no power to determine any rules
8 for the Convention.
9 (7) According to the universal historical precedent of
10 interstate conventions in America, states meet under
11 conditions of equal sovereignty, which means one state, one
12 vote.
13 (8) A convention convened pursuant to this application
14 is limited to consideration of topics solely specified in
15 this resolution.
16 (9) This application is made with the express
17 understanding that no amendment which in any way seeks to
18 amend, modify or repeal any provision of the Bill of Rights
19 of the Constitution of the United States is authorized for
20 consideration at any stage.
21 (10) This application shall be void ab initio if ever
22 used at any stage to consider any change to any amendment
23 within the Bill of Rights.
24 (11) The General Assembly of the Commonwealth may
25 provide further instructions to its delegates.
26 (12) The General Assembly of the Commonwealth may recall
27 its delegates at any time for breach of their duties or
28 violation of their instructions.
29 (13) Under Article V, Congress may determine whether
30 proposed amendments shall be ratified by the legislatures of
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 1 the several states or by special state ratification
2 conventions;
3 and be it further
4 RESOLVED, That the General Assembly of the Commonwealth
5 recommend that Congress choose ratification by state
6 legislatures; and be it further
7 RESOLVED, That the General Assembly of the Commonwealth
8 appoint five delegates to any Convention called pursuant to this
9 application in accordance with the following:
10 (1) That the Senate choose two delegates. The House of
11 Representatives shall choose two delegates. Each chamber
12 shall nominate two additional persons to serve as alternates.
13 The President pro tempore of the Senate and the Speaker of
14 the House of Representatives shall jointly choose the fifth
15 delegate from the list of nominated alternates.
16 (2) That the President pro tempore of the Senate and the
17 Speaker of the House of Representatives shall each nominate
18 five persons to serve as delegates. Each legislator may cast
19 a vote for not more than two persons on his or her respective
20 slate. The two candidates getting the most votes are the
21 Convention delegates appointed by each respective chamber.
22 The two candidates getting the next highest number of votes
23 are appointed as alternate delegates.
24 (3) That neither the Governor, nor any current member of
25 the Congress of the United States nor any sitting judge of
26 any court be appointed as a delegate of the Commonwealth.
27 (4) That travel and per diem expenses of each delegate
28 of the Commonwealth be paid by the Commonwealth on the same
29 basis as the reimbursement for such costs when members of the
30 legislature travel on official business of the Commonwealth.
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 1 (5) That any delegate or alternate of the Commonwealth
2 who receives and accepts any item of value, excluding
3 education materials, from any person or entity in any
4 connection with their service be immediately disqualified and
5 shall be replaced by an alternate immediately.
6 (6) That each delegate of the Commonwealth take the
7 following oath on penalty of perjury:
8 "I promise to faithfully conduct my duties as a
9 delegate from Pennsylvania to the Convention. I will
10 obey all instructions received with my commission.
11 Specifically, I will not support, but will
12 affirmatively oppose, any proposal that goes outside
13 the subject matter specified therein. I further agree
14 to immediately notify the President pro tempore of
15 the Senate and the Speaker of the House of
16 Representatives if I believe that any Pennsylvania
17 delegate or alternate delegate has violated his or
18 her oath or instructions while participating in the
19 Convention. I realize that I can and will be
20 immediately removed from my position if I violate
21 this oath and that I will be required to reimburse
22 the Commonwealth of Pennsylvania for all expenses
23 paid to me as a delegate. I realize also that I may
24 be punished for contempt by the General Assembly for
25 failing to adhere to this oath."
26 (7) That prior to the Convention, the General Assembly
27 of the Commonwealth may by concurrent resolution provide
28 further instructions to the delegates of the Commonwealth
29 selected pursuant to this resolution regarding the scope of
30 matters they may consider and vote on at the Convention,
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 1 including rules of procedure and proposed amendments. The
2 instructions may be changed by the General Assembly prior to
3 or during the course of the Convention and may include:
4 (i) an instruction that the Pennsylvania delegates
5 may not support any voting rule other than the default
6 rule whereby each state exercises one vote; and
7 (ii) an instruction that on all voting matters at
8 the Convention, the decision of a simple majority of the
9 delegates of the Commonwealth shall constitute a single
10 vote for Pennsylvania.
11 (8) That after delegates of the Commonwealth have been
12 selected, the General Assembly of the Commonwealth may by
13 concurrent resolution recall delegates or alternates to the
14 Convention or appoint new delegates or alternates.
15 (9) That if the General Assembly of the Commonwealth is
16 not in session, delegates of the Commonwealth be suspended
17 pending a concurrent resolution by a joint legislative
18 committee duly authorized by the General Assembly for that
19 purpose. This joint legislative committee shall be authorized
20 to conduct its business via telephone or other means of real-
21 time electronic communication.
22 (10) That a delegate who is recalled, disqualified or
23 otherwise unable to perform his or her duties shall be
24 immediately replaced by one of the alternates, as directed by
25 the concurrent resolution or duly authorized joint
26 legislative committee.
27 (11) That any vote cast by a delegate of the
28 Commonwealth or an alternate delegate at an Article V
29 Convention that is outside the scope of the following be
30 void:
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 1 (i) the instructions established by a concurrent
2 resolution adopted under this resolution; and
3 (ii) the limits placed by the General Assembly of
4 the Commonwealth in a concurrent resolution that calls
5 for an Article V Convention for the purpose of proposing
6 amendments to the Constitution of the United States on
7 the subjects and amendments that may be considered by the
8 Article V Convention;
9 and be it further
10 RESOLVED, That this resolution constitute a continuing
11 application in accordance with Article V of the Constitution of
12 the United States until at least two-thirds of the legislatures
13 of the several states have made application for a Convention on
14 the same subject; and be it further
15 RESOLVED, That a copy of this resolution be transmitted to
16 the President of the United States Senate, the Speaker of the
17 United States House of Representatives, each member of the
18 Pennsylvania delegation to Congress and the presiding officers
19 of each house of the state legislatures requesting their
20 cooperation in applying for a Convention limited to the subject
21 matter contemplated by this application.
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