2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This joint resolution demands Congress to call an Article V convention of states.
11 Highlighted Provisions:
12 This resolution:
13 ▸ demands that Congress set a date and place for an Article V convention of states to
14 impose fiscal restraints on the federal government toward achieving a balanced
15 federal budget;
16 ▸ implores Congress to require that any proposed amendment be ratified by state
17 conventions;
18 ▸ provides that legal action be undertaken to compel Congress to call an Article V
19 convention of states;
20 ▸ admonishes the legislatures of other states to take action to compel Congress to call
21 an Article V convention; and
22 ▸ calls upon the Utah congressional delegation to exert efforts to compel Congress to
23 call a convention of states.
24 Special Clauses:
25 None
26
27 Be it resolved by the Legislature of the state of Utah:
28 WHEREAS, Article V of the United States Constitution states that: "The Congress, . . .
29 on the Application of the Legislatures of two thirds of the several States, shall call a
30 Convention for proposing Amendments . . ." to the United States Constitution;
31 WHEREAS, in 1979, the Legislature of the State of Nevada passed an Article V
32 application for a convention for proposing amendments to the United States Constitution for
33 the purpose of imposing fiscal restraints upon the federal government;
34 WHEREAS, the Nevada application stated:
35 "Whereas, The national debt now amounts to hundreds of billions of dollars and is
36 increasing enormously each year as federal expenditures grossly exceed federal revenues; and
37 Whereas, Payment of the increased interest on this ever-expanding debt imposes a
38 tremendous burden on the taxpayers of this country; and
39 Whereas, Continuous deficit financing by the Federal Government supports inflationary
40 conditions which adversely affect the national economy and all Americans, particularly those
41 persons with fixed or low income; and
42 Whereas, Constantly increasing use of deficit financing has enabled the Federal
43 Government to allocate considerable sums to programs which in many instances have proved
44 to be wasteful and nonbeneficial to the public; and
45 Whereas, Limiting federal expenditures in each fiscal year to revenues available in that
46 year, except during national emergencies, will result in greater selectivity of federal programs
47 for the benefit of the public; and
48 Whereas, The annual federal budgets continually reflect the unwillingness or inability
49 of both the legislative and executive branches of the Federal Government to balance the budget
50 and demonstrate the necessity for a constitutional restraint up on deficit financing";
51 WHEREAS, combined with the Article V applications for a convention of states on any
52 subject, the Nevada Article V application was the 34th application, constituting 2/3 of all
53 states, for a convention of states for imposing fiscal restraints on the federal government
54 toward achieving a balanced federal budget;
55 WHEREAS, Congress has failed to comply with its constitutional mandate to "call a
56 Convention for proposing Amendments . . . on the Application of the Legislatures of two thirds
57 of the several states" upon receipt of the Nevada Article V application published in the
58 Congressional Record on February 8, 1979;
59 WHEREAS, as indicated in the following chart, by the end of 1979 the legislatures of
60 39 states had made application for an Article V convention for imposing fiscal restraints on the
61 federal government:
| 62 | State | Year Passed | Subject | Citation | Additional BBA Applications Passed by 1979 | |
| 63 | 1 | Virginia (11/14/1788) | 1788 | Plenary | 1 Annals of Cong. 258-59 (J. Gales, Sr. ed., 1834) (H.R., May 5, 1789) | 1973: (HJR75) 119 Cong. Rec. 8091 1975: (SJR107) 121 Cong. Rec. 5793 1976: (SJR36) 122 Cong. Rec. 8335-36 |
| 64 | 2 | New York | 1789 | Plenary | H.R. Jour., 1st Cong., 1st Sess., 29-30 (May 6, 1789) | |
| 65 | 3 | Georgia | 1832 | Plenary | S. Jour., 22nd Cong., 2nd Sess., 65-66 (Jan. 9, 1833) | 1976: (HR469-1267) 122 Cong. Rec. 2740 |
| 66 | 4 | South Carolina (12/13/1832) | 1832 | Plenary | H.R. Jour. 22nd Cong., 2nd Sess. 219-20 (Jan. 21, 1833) | 1976: (S.C. ACTS) 122 Cong. Rec. 4329 1979: (S1024) 125 Cong. Rec. 2114 |
| 67 | 5 | Illinois | 1861 | Plenary | Ill. Laws 281-82 | |
| 68 | 6 | Indiana (3/11/1861) | 1861 | Plenary | Cong. Globe, 37th Cong., Special Session 1465-66 (S., March 18, 1861) | 1957: (HECR9) 103 Cong. Rec. 6475-76 1976: 122 Cong. Rec. 931 1979: (SEJR8) 125 Cong. Rec. 9188 |
| 69 | 7 | Kentucky (RES1) | 1861 | Plenary | Cong. Globe, 36th Cong., 2nd Sess. 751, (S., Feb. 5, 1861) | |
| 70 | 8 | Ohio | 1861 | Plenary | Ohio Laws 181 | |
| 71 | 9 | New Jersey | 1861 | Plenary | Cong. Globe, 36th Cong. 2nd Sess. 680 (S., Feb. 1, 1861) | |
| 72 | 10 | Texas (SCR4) | 1899 | Plenary | 33 Cong. Rec.219 (1899) | 1979:(HCR31) 125 Cong. Rec. 5223-24 |
| 73 | 11 | Colorado (SB13) | 1901 | Plenary | 45 Cong. Rec. 7113 (1910) | 1978: (SJM1) 124 Cong. Rec. 8778 |
| 74 | 12 | Oregon (HJR4) | 1901 | Plenary | 34 Cong. Rec. 2290 (1901) | 1979: (SJM2) 125 Cong. Rec. 5953 |
| 75 | 13 | Washington (HB90) | 1901 | Plenary | 1901 Wash. Laws 333 | |
| 76 | 14 | Iowa (3/24/1904) | 1904 | Plenary | 38 Cong. Rec. 4959 (1904) | 1979: (SJR1) 125 Cong. Rec. 15,227 |
| 77 | 15 | Kansas (HCR4) | 1907 | Plenary | 41 Cong. Rec. 2929 (1907) | 1979: (SCR1661) 125 Cong. Rec. 2110 |
| 78 | 16 | Missouri (3/6/1907) | 1907 | Plenary | 45 Cong. Rec. 7116 (1910) | |
| 79 | 17 | Nebraska | 1907 | Plenary | 1907 Neb. Laws 583-84 | 1979: (LR106) 125 Cong. Rec. 2112 |
| 80 | 18 | North Carolina | 1907 | Plenary | 45 Cong. Rec. 7117 (1910) | 1979: (SJR1) 125 Cong. Rec. 3310-11 |
| 81 | 19 | Oklahoma (SJR9) | 1908 | Plenary | 45 Cong. Rec. 7117-18 (1910) | 1978: (HJR1049) 124 Cong. Rec. 12, 397 |
| 82 | 20 | Montana (SJR1) | 1911 | Plenary | 46 Cong. Rec. 2411 (1911) | |
| 83 | 21 | Wisconsin (JR15S) | 1911 | Plenary | 47 Cong. Rec. 1873 (1911) | |
| 84 | 22 | Wyoming (EJR4) | 1961 | Balanced Budget | 107 Cong. Rec. 2759 (1961) | 1978: (EJR1) 124 Cong. Rec. 14056 |
| 85 | 23 | Alabama (HJR105) | 1975 | Balanced Budget | 121 Cong. Rec. 28,347 (1975) | 1979:(HJR227) 125 Cong. Rec. 2108-09 |
| 86 | 24 | Louisiana (SCR109) | 1975 | Balanced Budget | 121 Cong. Rec. 25,312 (1975) | 1979: (SCR4) 125 Cong. Rec. 19,470-71 1979: (SCR73) 125 Cong. Rec. 2110-11 |
| 87 | 25 | Mississippi (HCR51) | 1975 | Balanced Budget | 121 Cong. Rec. 12,175-76 (1975) | 1979: (HCR51) 125 Cong. Rec. 2111-12 |
| 88 | 26 | Delaware (HCR36) | 1976 | Balanced Budget | 122 Cong. Rec. 4329 (1976) | |
| 89 | 27 | Florida (SM234) | 1976 | Balanced Budget | 125 Cong. Rec. 2109-10 (1979) | |
| 90 | 28 | Pennsylvania (R236) | 1976 | Balanced Budget | 125 Cong. Rec. 2113-14 (1979) | |
| 91 | 29 | Arizona (HCM2003) | 1977 | Balanced Budget | 123 Cong. Rec. 18,873-74 (1977) | 1979: (HCM2320) 125 Cong. Rec. 2109 1979: (SJR1002) 125 Cong. Rec. 7920-21 |
| 92 | 30 | Maryland (SJR4) | 1977 | Balanced Budget | 123 Cong. Rec. 2545-46 (1977) | |
| 93 | 31 | Tennessee (HJR22) | 1977 | Balanced Budget | 123 Cong. Rec. 18,419 (1977) | 1978: (HJR22) 124 Cong. Rec. 11,437-38 |
| 94 | 32 | Arkansas (HJR1) | 1979 | Balanced Budget | 125 Cong. Rec. 4372 (1979) | |
| 95 | 33 | Idaho (HCR7) | 1979 | Balanced Budget | 125 Cong. Rec. 3657 (1979) | |
| 96 | 34 | Nevada (SJR22) | 1979 | Balanced Budget | 125 Cong. Rec. 2112 (1979) | |
| 97 | 35 | New Hampshire (HCR8) | 1979 | Balanced Budget | 125 Cong. Rec. 11,584 (1979) | |
| 98 | 36 | New Mexico (SJR) | 1979 | Balanced Budget | 125 Cong. Rec. 2112-13 (1979) | |
| 99 | 37 | North Dakota (SCR4018) | 1979 | Balanced Budget | 125 Cong. Rec. 2113 (1979) | |
| 100 | 38 | South Dakota (JR) | 1979 | Balanced Budget | 125 Cong. Rec. 3656-57 (1979) | |
| 101 | 39 | Utah | 1979 | Balanced Budget | 125 Cong. Rec. 4372-73 (1979) |
103 convention.' Nothing in this particular is left to the discretion of that body";
104 WHEREAS, from February 8, 1979, when Congress was constitutionally mandated to
105 call a convention of states for the purpose of imposing fiscal restraints on the federal
106 government toward achieving a balanced federal budget, the nation's debt has ballooned from
107 $830 billion to approximately $30 trillion while the value of the dollar has declined over 70%;
108 WHEREAS, the United States Constitution was ratified by Convention Delegates
109 "chosen in each State by the People thereof" and the 21st Amendment, repealing Prohibition,
110 was ratified in 1933 by a vote of the people for YES-pledged Delegates in 38 of 39 state
111 conventions:
112 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
113 demands that Congress, within 60 calendar days after receiving this resolution, designate a
114 place and a date within 2022 for the nation's first Article V Convention for Proposing
115 Amendments to impose fiscal restraints on the federal government toward achieving a balanced
116 federal budget, based on the 39 unrescinded, continuing resolution Applications published in
117 the Congressional Record (35) or State laws (4) through 1979.
118 BE IT FURTHER RESOLVED that the Legislature of the state of Utah implores
119 Congress to stipulate in the call resolution that any proposed amendment be ratified by state
120 conventions to ensure that the people can express their consent in ratifying amendments
121 imposing fiscal restraints on the federal government.
122 BE IT FURTHER RESOLVED that legal action be undertaken in the name of the
123 Legislature of the state of Utah to compel Congress to call an Article V convention, if Congress
124 fails to do so within 60 calendar days after receiving this resolution.
125 BE IT FURTHER RESOLVED that the Legislature of the state of Utah alerts their
126 counterparts in the several states of Congress' disdain for the constitutional mandate to call an
127 Article V convention upon the application of two thirds of the States and admonishes them to
128 take such action as will compel the compliance of Congress with the constitutional duty to
129 immediately call a convention of states for proposing amendments to impose fiscal restraints
130 on the federal government toward achieving a balanced federal budget, by naming the time this
131 year and the place for the convention.
132 BE IT FURTHER RESOLVED that the Legislature of the state of Utah calls upon the
133 Utah congressional delegation to exert their utmost efforts to compel Congress to honor its
134 constitutional duty to immediately call the convention of states for proposing amendments to
135 impose fiscal restraints on the federal government toward achieving a balanced federal budget,
136 by naming this year the date and the place for the convention.
137 BE IT FURTHER RESOLVED that a copy of this joint resolution be transmitted to the
138 Speaker and Minority Leader of the United States House of Representatives; the President,
139 Majority Leader, and Minority Leader of the United States Senate; all members of Utah's
140 congressional delegation; and the Legislature and attorney general of each of the other states.