[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 101 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. CON. RES. 101
Calling an Article V Convention for proposing amendments to the
Constitution of the United States and stipulating the ratification of
such amendments by State conventions, a vote of We the People, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2022
Mr. Arrington (for himself, Ms. Herrell, and Mr. Fitzpatrick) submitted
the following concurrent resolution; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
CONCURRENT RESOLUTION
Calling an Article V Convention for proposing amendments to the
Constitution of the United States and stipulating the ratification of
such amendments by State conventions, a vote of We the People, and for
other purposes.
Whereas Article V of the Constitution of the United States states that ``The
Congress . . . on the Application of the Legislatures of two thirds of
the several States, shall call a Convention for proposing Amendments''
to the Constitution;
Whereas congressional and State records of purported plenary applications for
amendments on any subject and applications for single subject Fiscal
Responsibility Amendments compiled by the Article V Library list 42
total applications over time, 39 active applications in 1979, 40 active
applications in 1983, and at least 34 active applications in many years
thereafter;
Whereas Alexander Hamilton in Federalist 85 stated that ``The Congress `shall
call a convention'. Nothing in this particular is left to the discretion
of that body'';
Whereas beginning in 1979, when Congress appears to have failed in its
constitutional duty to count applications and call a ``Convention for
proposing Amendments'', the Nation's debt has increased to more than
$30,000,000,000,000 from $830,000,000,000, while the value of the dollar
has declined by over 70 percent;
Whereas the Constitution was ratified by Convention delegates ``chosen in each
State by the People thereof'', and the 21st Amendment, repealing
Prohibition, was ratified in 1933 by a vote of the people for Yes-
pledged delegates in 38 of 39 State Conventions; and
Whereas the Supreme Court's unanimous opinion in Chiafalo v. Washington stated:
``electors . . . have no ground for reversing the vote of millions of
its citizens. That direction accords with the Constitution--as well as
with the trust of the Nation that here, We the People rule.'': Now,
therefore, be it
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. CALL FOR ARTICLE V CONVENTION OF STATES.
(a) In General.--
(1) Call for convention; timing.--As provided in Article V
of the Constitution of the United States, and except as
provided in paragraph (2), Congress hereby calls a Convention
for proposing amendments to the Constitution of the United
States, and sets the date and place for the Convention to occur
during the 180-day period which begins on the date the
Archivist of the United States notifies Congress under section
106c of title 1, United States Code, that the Archivist has
identified plenary or issue specific applications from at least
two-thirds of the States calling for such a convention.
(2) Exception.--Paragraph (1) does not apply if, prior to
the expiration of the 60-day period which begins on the date of
the adoption of this concurrent resolution--
(A) the Archivist of the United States submits to
Congress a certification that the Archivist finds that,
as of such date, there have never been plenary or
amendment-specific non-rescinded applications from at
least two-thirds of the States calling for a convention
for proposing amendments to the Constitution; and
(B) the Archivist includes in the certification a
detailed explanation of the Archivist's findings for
each State.
(b) Ratification of Amendments by States.--Any proposed amendment
at the Convention called under this section shall be ratified by a vote
of We the People in three-quarters (38) of the States via State
convention delegates who shall ``have no ground for reversing the vote
of millions of [their] citizens'' (Chiafalo v. Washington).
SEC. 2. TRANSMISSION TO ADMINISTRATOR OF GENERAL SERVICES.
A copy of this concurrent resolution shall be transmitted to the
Administrator of General Services for submission to the legislatures of
the several States.
<all>