MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Rules

By: Representative Frierson

House Concurrent Resolution 60

A CONCURRENT RESOLUTION MAKING RENEWED APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL FOR A CONVENTION FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REQUIRING A BALANCED BUDGET AND OTHER FISCAL RESTRAINTS AND URGING THE LEGISLATIVE BODIES OF THE SEVERAL STATES TO APPLY TO THE CONGRESS FOR THE CALLING OF A CONVENTION FOR SUCH PURPOSE.

     WHEREAS, Article V of the Constitution of the United States provides that the Congress, on the application of the Legislatures of two-thirds (2/3) of the several states, shall call a convention for proposing amendments to the United States Constitution, which amendments shall be valid to all intents and purposes when ratified by the Legislatures of three-fourths (3/4) of the several states, or by conventions in three-fourths (3/4) of the states; and

     WHEREAS, in 1975, by Chapter 526 (House Concurrent Resolution No. 51), Laws of 1975, the Mississippi Legislature applied to the Congress to call a convention for the specific purpose of proposing an amendment to the Constitution of the United States to require, subject to certain exceptions, a balanced federal budget; and

     WHEREAS, the need for such a balanced budget amendment remains and is far more apparent and urgent today:

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Legislature of the State of Mississippi hereby applies again to the Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency, the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together with any related and appropriate fiscal restraints.

     BE IT FURTHER RESOLVED, That this application is to be considered as covering the same subject matter as the presently outstanding balanced budget applications from other states, including, but not limited to, previously-adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Georgia, Indiana, Iowa, Kansas, Maryland, Missouri, Nebraska, Ohio, Nevada, New Hampshire, New Mexico, North Carolina,

Pennsylvania and Texas, and this application should be aggregated with same for the purpose of attaining the two-thirds (2/3) of states necessary to require the calling of a convention but should not be aggregated with any applications on any other subject.

     BE IT FURTHER RESOLVED, That this application supersedes Chapter 526 (House Concurrent Resolution No. 51), Laws of 1975, and constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two-thirds of the several states have made applications on the same subject; however, if the Congress proposes an amendment to the Constitution which is consistent with the balanced budget amendment referenced in this application, this application for a convention of the several states shall no longer be of any force or effect.

     BE IT FURTHER RESOLVED, That the Legislature of the State of Mississippi does hereby urge and request the legislative bodies of the several states to apply to the Congress of the United States for the calling of a convention of the states limited to the specific purpose of proposing a balanced budget amendment to the Constitution of the United States.

     BE IT FURTHER RESOLVED, That a copy of this resolution shall be furnished to:  the President and Secretary of the United States Senate and the Speaker and Clerk of the United States House of Representatives; each member of the congressional delegation of the State of Mississippi; the presiding officers of each house of the legislative bodies of the several states of the union; and the members of the Capitol Press Corps.