Full Text of SJR0019 97th General Assembly
SJ0019 97TH GENERAL ASSEMBLY |
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| 1 | | SENATE JOINT RESOLUTION
| 2 | | WHEREAS, Recent experience has shown that the safeguards in | 3 | | the United States Constitution, as currently interpreted by the | 4 | | Judiciary, are insufficient to require the federal government | 5 | | to comply with such basic rules of fiscal responsibility as | 6 | | balancing its own budget, preventing the abuse of its | 7 | | legislative process, and mandating upon state government | 8 | | duties within adequate funding; and
| 9 | | WHEREAS, Those who framed and adopted the United States | 10 | | Constitution included a provision by which state legislatures | 11 | | may require Congress to call a convention for proposing | 12 | | amendments as a way to respond to disagreements in | 13 | | constitutional interpretation or abuses by federal officials; | 14 | | and
| 15 | | WHEREAS, the Illinois General Assembly accordingly makes | 16 | | application to Congress for the calling of a convention for | 17 | | proposing an amendment to the United States Constitution | 18 | | imposing certain rules of fiscal discipline, providing for | 19 | | legislative transparency, and preventing unfunded mandates on | 20 | | the federal government; therefore, be it
| 21 | | RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL | 22 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES |
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| 1 | | CONCURRING HEREIN, that we urge Congress to call for a | 2 | | Convention to propose an Amendment to the federal Constitution: | 3 | | Section 1. The Illinois General Assembly does hereby | 4 | | make an application to the Congress of the United States | 5 | | pursuant to Article V of the Constitution of the United | 6 | | States to call an Article V Amendment Convention for the | 7 | | sole purpose of voting to propose or voting not to propose | 8 | | the following specific Amendment to the Constitution of the | 9 | | United States: | 10 | | "ARTICLE___. The Congress, on Application of the | 11 | | Legislatures of two thirds of the several States, which all | 12 | | contain an identical Amendment, shall call a Convention | 13 | | solely to decide whether to propose that specific Amendment | 14 | | to the States, which, if proposed shall be valid to all | 15 | | intents and purposes as part of the Constitution when | 16 | | ratified pursuant to Article V." | 17 | | Section 2. For the purpose of determining whether the | 18 | | required two-thirds of the Legislatures of the several | 19 | | states have applied for a Convention, this Application may | 20 | | be counted and considered valid only in conjunction with | 21 | | qualifying applications of other States that contain the | 22 | | identical text of the specific Amendment contained in this | 23 | | Application and whose application requires that the sole | 24 | | purpose of the Convention is to decide whether to propose, | 25 | | or not to propose this specific Amendment. | 26 | | Section 3. This joint resolution is revoked and |
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| 1 | | withdrawn, nullified and superseded to the same effect as | 2 | | if it had never been passed, and retroactive to the date of | 3 | | passage, if it is used to conduct a convention that votes | 4 | | to propose any Amendment other than the specific text of | 5 | | the Amendment contained in Section 1 of this resolution. | 6 | | Section 4. Every delegate selected to represent | 7 | | Illinois at a Convention that Congress shall call pursuant | 8 | | to this resolution shall take an oath, enforceable under | 9 | | Illinois law, to abide by and act according to the limits | 10 | | imposed by this resolution on the purpose of the | 11 | | Convention. | 12 | | Section 5. Any delegate selected to represent Illinois | 13 | | at a Convention that Congress shall call pursuant to this | 14 | | resolution shall have no authority to consider or approve | 15 | | any other Amendment but the one contained in this | 16 | | Application. Any vote taken in violation of this limitation | 17 | | shall be null and void, and any delegate who so votes shall | 18 | | have no authority to represent Illinois on any matter at | 19 | | the Convention. | 20 | | Section 6. This Application shall only be valid if | 21 | | two-thirds of the states shall make a qualifying | 22 | | Application within seven years of its referral for | 23 | | ratification to the states by Congress under the provisions | 24 | | of Article V. | 25 | | Section 7. This Application shall be null and void and | 26 | | of no effect if Congress, within ninety days of receipt of |
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| 1 | | qualifying Applications from two-thirds of the states, | 2 | | shall propose and refer for ratification by the several | 3 | | states under the procedures outlined in Article V of the | 4 | | United States Constitution, the same exact text of the | 5 | | Amendment contained in this Application.
| 6 | | Section 8. Copies of this Application shall be | 7 | | delivered within thirty days of its passage to the Speaker | 8 | | of the United States House of Representatives, the Clerk of | 9 | | the United States House of Representatives, the President | 10 | | pro tempore of the United States Senate, the Secretary of | 11 | | the United States Senate, every member of Congress from | 12 | | Illinois, and the presiding officers of each house of the | 13 | | legislature of the several states. | 14 | | Section 9. This joint resolution shall not take effect | 15 | | unless and until the proper implementing legislation is | 16 | | enacted by the General Assembly.
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