REFERENCE TITLE: article V; fiscal responsibility

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SCR 1014

Introduced by

Senator Kern

A Concurrent Resolution

applying to the Congress of the United States to call a convention for proposing an inflation-fighting federal fiscal responsibility amendment to the Constitution of the United States.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, article V of the Constitution of the United States authorizes the states and Congress equally to propose amendments to the United States Constitution; and

Whereas, the Constitution mandates that Congress call an article V convention for proposing amendments "upon the Application of two-thirds of the several States"; and

Whereas, it is documented in the Congressional Record archives that in 1979 Congress received sufficient article V applications to surpass the threshold requirement for Congress to formally call the convention, including those wanting to discuss amendments to address federal fiscal responsibility. Additionally, several other state applications for a convention did not contain restrictions on their state commissioners as to the subject; and

Whereas, since 1979 when the threshold was achieved, fiscal guidelines could have been established to prevent the nation's federal debt from increasing beyond $850 billion to more than $30 trillion dollars and to prevent the United States dollar from being devalued by more than 75%; and

Whereas, as of July 2022 inflation is more than 9.1%, a 40-year high; and

Whereas, continued fiscal irresponsibility at the federal level is increasing inflation, reducing economic growth, lowering Americans' standard of living, jeopardizing Social Security and Medicare, putting national security at alarming risk and threatening the economic stability of the several states and the prosperity of Americans for generations to come.

Therefore

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. That, pursuant to article V of the Constitution of the United States, the Legislature of the State of Arizona formally applies to the Congress of the United States to call a convention for the purpose of proposing an inflation-fighting federal fiscal responsibility amendment to the Constitution of the United States.

2. That Congress expeditiously approve any House of Representatives and Senate concurrent resolutions directing the Archivist of the United States to announce that the article V application threshold has been met to call for an article V convention for proposing amendments to the United States Constitution or show documented proof to the contrary.

3.  That the voice of the American people be heard on this matter by requiring ratification by a vote of the people in state ratifying conventions.

4. That the Archivist of the United States establish procedures to restore confidence in the federal government's ability to accurately account for the hundreds of article V state applications directed to Congress since the inception of the United States Constitution, including logging receipt, authenticating, securely storing, counting and acknowledging this and all other state applications, and to make public a list of applications that would apply to various subjects. This application shall be counted with balanced budget applications, plenary applications on any subject or any multi-subject applications that, in part, seek to impose fiscal restraints on the federal government. Article V applications remain active until Congress calls for a convention for proposing federal fiscal responsibility amendments unless they are rescinded prior to attaining the two-thirds threshold or exceed any sunset date established by the applying state legislature.

5.  That the Attorney General of the State of Arizona review and consider all legal options for the Archivist of the United States to maintain a timely and accurate record and to count all state applications under article V, and for Congress to timely execute its ministerial duty to designate the date and place for a convention for proposing amendments any time the two-thirds constitutional threshold is reached for summoning a convention of states for proposing amendments.

6.  That the Secretary of State of the State of Arizona transmit copies of this Resolution to the President of the United States, the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, each Member of Congress from the State of Arizona and the presiding officer of each legislative house in each state, requesting their cooperation.