Language for Application to U.S. Congress calling for a Convention to Propose an Amendment to the U.S. Constitution

 

Modeled after Colorado House Resolution HR12-1003.

 

 

A CONCURRENT RESOLUTION <# TBD>

 

CONCERNING AN APPLICATION UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO REPEAL THE "PATIENT PROTECTION AND AFFORDABLE CARE ACT".

 

WHEREAS, The "Patient Protection and Affordable Care Act" (Act), Public Law 111-148, was signed into law by President Obama on March 23, 2010; and

 

WHEREAS, Under the Act, the freedom of individual citizens to make health care choices will be limited, millions of citizens could involuntarily lose their current health care insurance, and the federal government will be interjected into the doctor-patient relationship to an extent never seen before; and

 

WHEREAS, The Act places one-sixth of the economy of the United States under the regulatory power of the federal government and will likely lead to increased health care spending and rationing of health care; and

 

WHEREAS, The Act will likely increase taxes, limit economic growth, increase unemployment, and reduce incentives to innovate; and

 

WHEREAS, The Act will increase the cost of health care for <insert state> families, add trillions to the national debt, stifle innovation, result in the rationing of health care, and force millions of Americans to lose their current health care coverage; and

 

WHEREAS, The Act will likely increase the federal deficit while simultaneously requiring unsustainable spending by the states, which will likely lead to catastrophic deficits at the state level, forcing unprecedented cutbacks in other state programs and services; and

 

WHEREAS, The Act was passed against the clear expression of the citizenry and continues to be opposed by a majority of the citizenry, and the federal government refuses to repeal the Act; and

 

WHEREAS, The Act effectively reduces the power of the states with respect to the regulation of matters traditionally addressed at the state level and constitutes a derogation of the core constitutional principle of federalism upon which this nation was founded; and

 

WHEREAS, The Act, for the first time, extends the commerce power of the United States to mandating individual conduct, and the Act depends upon this mandate for its funding; the Act is currently under review by the United States Supreme Court; and

 

WHEREAS, Article V of the United States Constitution provides that, on the application of the legislatures of two-thirds of the several states, Congress shall call a convention for proposing amendments to the United States Constitution, which amendments, when so proposed by such a convention, must be ratified by the legislatures of, or conventions in, three-fourths of the states to become ratified; now, therefore,

 

Be It Resolved by the House of Representatives of the State of <insert state>, the Senate concurring herein:

 

[Alternatively: Be It Resolved by the Senate of the State of <insert state>, the House of Representatives concurring herein:]

 

(1) That, pursuant to Article V of the Constitution of the United States, the Legislature of the State of <insert state> formally applies to the Congress of the United States to call a convention pursuant to Article V of the United States Constitution for the sole purpose of proposing an amendment to the United States Constitution declaring that Public Law 111-148, the "Patient Protection and Affordable Care Act", and any amendments thereto are repealed;

 

(2) That, to conform with Article V of the United States Constitution, said amendment shall become a part of the United States Constitution when ratified by the legislatures of, or conventions in, three-fourths of the several states;

 

(3) That we, the members of the Legislature of <insert state>, do hereby request the legislative bodies of the several states to apply to Congress to call a convention for the sole purpose of proposing the amendment to the United States Constitution set forth in this Resolution; and

 

(4) That the delegates to such convention, when called, be selected according to procedures established by the legislatures of the several states.

 

Be It Further Resolved, That copies of this Joint Resolution be sent to the presiding officers of the Senate and the House of Representatives of the United States Congress, each member of <insert state>'s congressional delegation, and the presiding officers of each state legislature.

 

 

 

 

 

Alternative Language for Application to U.S. Congress calling for a Convention to Propose an Amendment to the U.S. Constitution

 

A concurrent joint resolution adopted by the Legislature of the State of <insert state> urging Congress to take actions necessary to call a convention to propose an amendment to repeal Public Law No. 111-148, The Patient Protection and Affordable Care Act and any amendments thereto.

 

   Joint Concurrent Resolution No. <TBD>

 

   Whereas, the United States Constitution provides that, on the application of the legislatures of two-thirds of the several states, the congress shall call a convention for the purpose of proposing an amendment or amendments to the United States Constitution, which amendment or amendments when so proposed by such a convention must be ratified by the legislatures of, or conventions in, three-fourths of the states to become valid. Therefore, be it

 

   Resolved, That pursuant to Article V of the Constitution of the United States, the Legislature of the State of <insert state> formally applies to the Congress of the United States to call a convention pursuant to Article V of the United States Constitution for the sole purpose of proposing an amendment to repeal Public Law No. 111-148, The Patient Protection and Affordable Care Act and any amendments thereto. Be it further

 

   Resolved, That the Congress of the United States is hereby requested to provide as the mode of ratification that said amendment shall be valid to all intents and purposes and become a part of the Constitution of the United States when ratified by the legislatures of three-fourths of the several states. Be it further

 

   Resolved, That the Legislature of <insert state> does hereby memorialize the presiding officers of the legislative bodies of the several states to apply to the Congress of the United States to call a convention for the sole purpose of proposing this amendment to the Constitution of the United States. Be it further

 

   Resolved, That a copy of this Resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America and to each member of the <insert state> congressional delegation and to the presiding officers of each house of the legislative bodies of the several states of the Union.