H 3341 Session 111 (1995-1996)
H 3341 Concurrent Resolution, By R.C. Fulmer, H.M. Hallman and Seithel
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.
01/19/95 House Introduced HJ-25
01/19/95 House Referred to Committee on Invitations and Memorial
Resolutions HJ-26
01/31/95 House Committee report: Favorable Invitations and
Memorial Resolutions HJ-2
02/02/95 House Debate adjourned until Tuesday, February 7, 1995 HJ-49
02/07/95 House Debate adjourned until Wednesday, February 8,
1995 HJ-25
02/08/95 House Adopted, sent to Senate HJ-51
02/09/95 Senate Introduced SJ-10
02/09/95 Senate Referred to Committee on Judiciary SJ-10
COMMITTEE REPORT
January 31, 1995
H. 3341
Introduced by REPS. Fulmer, Hallman and
Seithel
S. Printed 1/31/95--H.
Read the first time January 19, 1995.
THE COMMITTEE ON
INVITATIONS AND MEMORIAL
RESOLUTIONS
To whom was referred a Concurrent Resolution (H. 3341),
memorializing the Congress of the United States to propose an
amendment to Article V of the United States Constitution, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
RICHARD M. QUINN, JR., 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 gist 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 General Assembly of South Carolina requests the Congress
of the United States to propose an amendment to Article V of the
Constitution of the United States which in essence provides that:
Whenever three-fourths of the legislatures of the several states deem
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 the General Assembly of South Carolina
requests the legislatures of the several states to apply to Congress
for the proposal of this amendment to the Constitution of the United
States.
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
representatives in Congress from South Carolina, and to the
legislatures of each of the several states, attesting to the adoption of
this resolution.
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