PETITIONS AND MEMORIALS; Congressional Record Vol. 163, No. 70
(Senate - April 25, 2017)

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[Page S2527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petition or memorial was laid before the Senate and was 
referred or ordered to lie on the table as indicated:

       POM-16. A concurrent resolution adopted by the Legislature 
     of the State of North Dakota urging the United States 
     Congress, under Article V of the United States Constitution, 
     to call for a constitutional convention limited to proposing 
     amendments to the United States Constitution, which impose 
     fiscal restraints on the federal government, limit the power 
     and jurisdiction of the federal government, and limit the 
     terms of office for its officials and for members of 
     Congress; to the Committee on the Judiciary.

                  House Concurrent Resolution No. 3006

       Whereas, the founders of the United States Constitution 
     empowered state legislators to be guardians of liberty 
     against excessive use of power by the federal government; and
       Whereas, the federal government has created a crushing 
     national debt through improper and imprudent spending; and
       Whereas, the federal government has ceased to operate under 
     a proper interpretation of the United States Constitution; 
     and
       Whereas, 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; and
       Whereas, it is the solemn duty of the states to protect the 
     liberty of our people, particularly for the generations to 
     come, by proposing amendments to the United States 
     Constitution through a convention of the states under Article 
     V for the purpose of restraining these and related abuses of 
     power: Now, therefore, be it
       Resolved by the House of Representatives of North Dakota, 
     the Senate concurring therein:
       That the Sixty-fifth Legislative Assembly urges the 
     Congress, under the provisions of Article V of the United 
     States Constitution, to call a convention of the states 
     limited to proposing amendments to the United States 
     Constitution which impose fiscal restraints on the federal 
     government, limit the power and jurisdiction of the federal 
     government, and limit the terms of office for its officials 
     and for members of Congress; and be it further
       Resolved, that this application constitutes a continuing 
     application in accordance with Article V of the United States 
     Constitution until the legislatures of at least two-thirds of 
     the several states have made applications on the same 
     subject; and be it further
       Resolved, that the Legislative Assembly adopts this 
     application expressly subject to the following reservations, 
     understandings, and declarations:
       1. An application to the Congress of the United States to 
     call an amendment convention of the states pursuant to 
     Article V of the United States Constitution confers no power 
     to Congress other than the power to call such a convention. 
     The power of Congress to exercise this ministerial duty 
     consists solely of the authority to name a reasonable time 
     and place for the initial meeting of a convention;
       2. Congress shall perform its ministerial duty of calling 
     an amendment convention of the states only upon the receipt 
     of applications for an amendment convention for the 
     substantially same purpose as this application from two-
     thirds of the legislatures of the several states;
       3. Congress does not have the power or authority to 
     determine any rules for the governing of a convention for 
     proposing amendments called pursuant to Article V of the 
     United States Constitution. Congress does not have the power 
     to set the number of delegates to be sent by any state to 
     such a convention, nor does it have the power to name 
     delegates to such a convention. The power to name delegates 
     remains exclusively within the authority of the legislatures 
     of the several states;
       4. By definition, an amendment convention of the states 
     means that states shall vote on the basis of one state, one 
     vote;
       5. A convention for proposing amendments convened pursuant 
     to this application must be limited to consideration of the 
     topics specified herein and no other. This application is 
     made with the express understanding that an amendment that in 
     any way seeks to amend, modify, or repeal any provision of 
     the Bill of Rights is not authorized for consideration at any 
     stage. This application is void ab initio if ever used at any 
     stage to consider any change to any provision of the Bill of 
     Rights;
       6. Pursuant to Article V of the United States Constitution, 
     Congress may determine whether proposed amendments must be 
     ratified by the legislatures of the several states or by 
     special state ratification conventions. The Legislative 
     Assembly recommends Congress select ratification by the 
     legislatures of the several states; and
       7. The Legislative Assembly may provide further 
     instructions to its delegates and may recall its delegates at 
     any time for a breach of a duty or a violation of the 
     instructions provided; and be it further
       Resolved, that the Secretary of State forward copies of 
     this resolution to the President and Secretary of the Senate 
     and the Speaker and Clerk of the House of Representatives of 
     the Congress, each member of the United States Congressional 
     Delegation from North Dakota, and the presiding officers of 
     each house of the legislatures of the several states, 
     requesting their cooperation.

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