REFERENCE TITLE: Article V convention; rescission calls.

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

SCR 1039

Introduced by

Senators Bennett: Alston, Epstein, Farnsworth, Fernandez, Mendez, Sundareshan, Wadsack;  Representative Terech

A Concurrent Resolution

rescinding all applications previously transmitted by this state calling for a Constitutional convention to amend the Constitution of the United States.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, article V of the United States Constitution provides that on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments to the Constitution, which will become valid when ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states; and

Whereas, although Congress has never called a convention, it has received hundreds of petitions from state legislatures over two centuries calling for conventions to address various issues; and

Whereas, research indicates that Arizona has submitted as least two such petitions; and

Whereas, legal experts disagree about both the longevity of these petitions and as to whether a convention called for a particular purpose may consider amendments beyond the scope of that purpose; and

Whereas, there appears to be some risk that past petitions could become part of the basis for calling a convention that addresses issues never contemplated by the legislators voting for those petitions; and

Whereas, this resolution rescinds all petitions previously passed by the Arizona Legislature for the purpose of proposing an amendment to the Constitution of the United States to prevent any potential misuse of those petitions.

Therefore

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

1. That the Members of the Legislature rescind all applications previously transmitted by the Arizona Legislature to the United States Congress calling for a convention for the purpose of proposing an amendment to the United States Constitution.

2. That the Secretary of State of the State of Arizona transmit copies of this resolution to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.