MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Rules

By: Representatives Eubanks, Hopkins, Criswell

House Concurrent Resolution 113

A CONCURRENT RESOLUTION EXPRESSING THE INCUMBENT URGENCY AND NECESSITY CONCERNING AN APPLICATION TO THE UNITED STATES CONGRESS FOR AN ARTICLE V CONSTITUTIONAL CONVENTION OF THE STATES FOR PROPOSING AMENDMENTS TO THE UNITED STATES CONSTITUTION WHICH IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT AND LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS AND FOR MEMBERS OF CONGRESS.

     WHEREAS, the drafters of the Constitution of the United States empowered state legislators to be the guardians of liberty against future abuses of power by the federal government; and

     WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and

     WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

     WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

     WHEREAS, it is imperative in nature as state elected officials tasked with the responsibility of preserving the integral rights of citizens and inherent power of the state sovereignty affirmed under the 10th Amendment of the Constitution of the United States, that the State of Mississippi expresses its compelling interest in the need for a Constitutional Convention of the states for the matter herein specified; and

     WHEREAS, it is the policy of this Legislature to protect the liberty of our people, particularly for generations to come by proposing amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of restraining these and related abuses of power:

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Mississippi Legislature, acting on behalf of the entire population of the State of Mississippi, hereby applies to 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 amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.

     BE IT FURTHER RESOLVED, That this application shall be deemed an application for a convention to address each or all of the subjects herein stated, for the purposes of determining whether two-thirds of the states have applied for a convention addressing any of the subjects stated herein, this application is to be aggregated with the applications of any other state legislatures for the single subjects of balancing the federal budget, limiting the power and jurisdiction of the federal government or limiting the terms of federal officials.

     BE IT FURTHER RESOLVED, That the Secretary of the Senate is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, to transmit copies to the members of the United States Senate and United States House of Representatives from this state, and to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

     BE IT FURTHER RESOLVED, That this application 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.

     BE IT FURTHER RESOLVED, That the Mississippi delegates are instructed not to support term limits for members of Congress.