H 4757 Session 110 (1993-1994)
H 4757 Concurrent Resolution, By R.C. Fulmer
A Concurrent Resolution memorializing the Congress of the United States to
propose an amendment to Article V of the United States Constitution that will
enable three-fourths of the states to amend the Constitution subject to
Congressional veto.
02/16/94 House Introduced HJ-26
02/16/94 House Referred to Committee on Invitations and Memorial
Resolutions HJ-26
02/23/94 House Committee report: Favorable Invitations and
Memorial Resolutions HJ-3
02/24/94 House Debate adjourned until Tuesday, March 1, 1994 HJ-416
03/23/94 House Adopted, sent to Senate HJ-35
03/23/94 Senate Introduced SJ-6
03/23/94 Senate Referred to Committee on Judiciary SJ-6
COMMITTEE REPORT
February 23, 1994
H. 4757
Introduced by REP. Fulmer
S. Printed 2/23/94--H.
Read the first time February 16, 1994.
THE COMMITTEE ON
INVITATIONS AND MEMORIAL
RESOLUTIONS
To whom was referred a Concurrent Resolution (H. 4757),
memorializing the Congress of the United States to propose an
amendment to Article V of the United States Constitution that will
enable, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
DEWITT WILLIAMS, for Committee.
A CONCURRENT
RESOLUTION
MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO
PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED
STATES CONSTITUTION THAT WILL ENABLE
THREE-FOURTHS OF THE STATES TO AMEND THE
CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Whereas, all thirty-three amendments proposed to the United States
Constitution since 1788 have been initiated by Congress; and
Whereas, more than four hundred petitions from the several states
requesting a constitutional convention to propose amendments have
been filed with Congress but have never resulted in the calling of a
convention or adoption of an amendment; and
Whereas, there should be a proper balance of national and state power
in a federal system. The present mechanism for the states to initiate a
constitutional convention has proved to be unworkable, and the
envisioned and desirable equipoise between national and state powers
requires a means for the several states to be able to propose amendments
to the Constitution; and
Whereas, an Intergovernmental Partnership Task Force has proposed in
its 1989 report to the Intergovernmental Affairs Committee of the
Council of State Governments, an amendment to Article V of the United
States Constitution to establish a thoughtful balancing of national and
state interests in the constitutional amendment process; and
Whereas, the main thrust of the Task Force proposal is to enable the
legislatures of three-fourths of the states to propose amendments to the
Constitution subject to the veto of the Congress by a two-thirds vote of
both Houses within two years of the states' submission of the
amendments; and
Whereas, this proposal embodies a prudent method for constitutional
amendments to be initiated by a substantial majority of the several states
and yet subject to veto by the Congress. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South
Carolina memorialize the Congress of the United States to propose an
amendment to Article V of the Constitution of the United States which
provides that whenever three-fourths of the legislatures of the several
states consider it necessary, they shall propose amendments to this
Constitution. After two years from the date of receipt by the Clerk of
the House of representatives of a certified copy of the proposed
amendments from the state which represents three-fourths or more of the
several states, the proposed amendments shall be valid to all intents and
purposes as part of this Constitution, unless disapproved by two-thirds
of both Houses of Congress within that two-year period. Each state shall
have the power to rescind its action to propose the amendments only
until the beginning of that two-year period.
Be it further resolved, that copies of this resolution be sent to the
President of the Senate and the Speaker of the House of Representatives
of the United States, to each of the Senators and members of the House
of Representatives from South Carolina.
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