H.C.R. 7

1

RESOLUTION CALLING FOR STATE'S
2 AMENDMENTS TO FEDERAL CONSTITUTION
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Marda Dillree
6 A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR
7 REQUESTING CONGRESS TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE
8 UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE
9 STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
10 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
11 WHEREAS all 33 amendments proposed to the United States Constitution since 1788 have
12 been initiated by Congress;
13 WHEREAS more than 400 petitions from the several states requesting a constitutional
14 convention to propose amendments have been filed with Congress but have never resulted in the
15 calling of a convention or adoption of an amendment;
16 WHEREAS there should be a proper balance of national and state power in a federal
17 system;
18 WHEREAS the present mechanism for the states to initiate a constitutional convention has
19 proven to be unworkable;
20 WHEREAS the envisioned and desirable equipoise between national and state powers
21 requires a means for the several states to be able to propose amendments to the Constitution;
22 WHEREAS in its 1989 report to the Intergovernmental Affairs Committee of The Council
23 of State Governments, an Intergovernmental Partnership Task Force proposed an amendment to
24 Article V of the United States Constitution designed to establish a thoughtful balancing of national
25 and state interests in the constitutional amendment process;
26 WHEREAS the essence of the Task Force proposal is to enable the legislatures of
27 three-fourths of the states to propose amendments to the Constitution subject to the veto of the

1 Congress by a two-thirds vote of both Houses within two years of the states' submission of the
2 amendments; and
3 WHEREAS this proposal embodies a prudent method for constitutional amendments to
4 be initiated by a substantial majority of the several states and yet subject to veto by the Congress:
5 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
6 Governor concurring therein, request the United States Congress to propose an amendment to
7 Article V of the United States Constitution which in essence provides that whenever three-fourths
8 of the legislatures of the several states deem it necessary, they shall propose amendments to the
9 United States Constitution. After two years from the date of receipt by the Clerk of the United
10 States House of Representatives of a certified copy of the proposed amendments from the state
11 which represents three-fourths or more of the several states, the proposed amendments shall be
12 valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of
13 both Houses of Congress within that two-year period. Each state shall have the power to rescind
14 its action to propose the amendments only until the beginning of that two-year period.
15 BE IT FURTHER RESOLVED that the Legislature and the Governor request that the
16 legislatures of the several states apply to Congress for the proposal of this amendment to the
17 Constitution of the United States.
18 BE IT FURTHER RESOLVED that copies of this resolution be sent to the Speaker of the
19 United States House of Representatives, the President of the United States Senate, and the
20 members of Utah's congressional delegation.




Legislative Review Note
as of 1-29-97 12:30 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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