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2014 SESSION
14100442DWHEREAS, Article V of the United States Constitution provides two methods for the adoption of amendments: first, by proposals passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states; and second, by applications from two-thirds of the states to call a convention for proposing amendments that are then ratified by the legislatures of three-fourths of the states; and
WHEREAS, since the adoption of the present Constitution on March 4, 1789, there has been no convention of the states to propose amendments, and the only method employed to amend the Constitution has been for Congress to propose amendments to the state legislatures for their ratification; and
WHEREAS, countervailing concerns surround the possible use of the amendment convention process: first, could there be a runaway convention; and second, without the possibility of a convention is the amendment process too restrictive and too dependent on a Congress that may have interests at odds with possible amendments sought by the public; and
WHEREAS, to address these concerns, it is appropriate to propose an amendment to Article V that will alleviate the concern about a runaway convention and simultaneously make it more appropriate to use the amendment convention approach; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the Congress of the United States be urged to propose an amendment to Article V of the United States Constitution that will modify the process for proposing amendments to the Constitution; and, be it
RESOLVED FURTHER, That the text of the amendment to Article V be substantially as follows:
"The Congress, whenever two thirds of both houses shall
deem it necessary, shall propose amendments to this Constitution, or, on the
application of the legislatures of two thirds of the several states for one, and
no more than one, identical
amendment, shall call an
amendment conventiona of
the states, if no
other amendment convention exists at the time, consisting of two
delegate seats for each state, to be filled by the respective state
legislatures, and being
committed to consider only that
single identical amendment, and no
more, for submission to the states for ratification,
which, in either case, shall be valid to all intents and purposes, as part of
this Constitution, when ratified by the legislatures of three fourths of the
several states, or by conventions in three fourths thereof, as the one or the
other mode of ratification may be proposed by the Congress; provided that for
proposing amendmentsno amendment which may be made prior to the year
one thousand eight hundred and eight shall in any manner affect the first and
fourth clauses in the ninth section of the first article; and that no
state, without its consent, shall be deprived of its equal suffrage in the
Senate.”; and, be it
RESOLVED FINALLY, That the Clerk of the House transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Virginia Congressional Delegation, and the legislatures of the several states so that they may be apprised of the sense of the General Assembly of Virginia in this matter.