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ACROSS SESSIONS
- Subject Index: Since 1995
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1995 SESSION
WHEREAS, constitutional conventions played an important role in the creation of American government; and
WHEREAS, the convention has historically been the expression of the people's right to create their own governing authority and to consent actively to that authority; and
WHEREAS, although Article V of the Constitution of the United States says that Congress shall call a convention for the purpose of amending the Constitution whenever two-thirds of the states request it, the article does not address whether states can limit the convention to one or more topics; and
WHEREAS, this question raises immediate concerns since most petitions received by Congress today apply for a limited convention and Congress has not adopted legislation addressing the validity of these petitions or how they are to be counted for purposes of determining whether the requisite number of states have applied for a convention; and
WHEREAS, many states are reluctant to ask Congress to call a national convention for fear of creating a "runaway convention" that might undermine the delicate constitutional framework the forefathers worked so hard to establish; and
WHEREAS, it is time for Congress to lay to rest these concerns by proposing a constitutional amendment to clarify that the agenda of a constitutional convention may be set in the application of the states; 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 Constitution of the United States which provides for the calling of limited national constitutional conventions. The amendment provides for the deletion of the language shown as stricken and the insertion of the italicized language, in essence as follows:
The Congress, whenever two-thirds of both houses shall deem it necessary,
shall propose amendments to this Constitution, or, on the applications of the
legislatures of two-thirds of the several states, shall call a convention for
proposing amendments, which, in either case, . Except for
applications asking Congress to call an unlimited convention, each
application shall specify the subject or subjects which shall limit the
agenda of the constitutional convention. In determining whether two-thirds
of the states have applied for the same limited convention, Congress shall
consider whether each request in its entirety or in part calls for a
substantially similar need for change. Any amendments proposed by Congress or
convention 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
no 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. However, no state,
without its consent, shall be deprived of its equal suffrage in the
Senate.; and, be it
RESOLVED FURTHER, That the General Assembly request the legislatures of the several states to apply to Congress for the proposal of this amendment to the Constitution of the United States; and, be it
RESOLVED FINALLY, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, the Archivist of the United States at the National Archives and Records Administration of the United States, the members of the Virginia Congressional Delegation, and the legislatures of each of the several states attesting the adoption of this resolution.