REFERENCE TITLE: application; article V convention; elections

State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015

HCR 2036

Introduced by Representative Mendez

 

A CONCURRENT resolution

 

applying to the Congress of the United States to call a convention for proposing amendments to the Constitution of the United States.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Whereas, the first President of the United States, George Washington, stated: "The basis of our political systems is the right of the people to make and to alter their Constitutions of Government"; and

Whereas, it was the stated intention of the framers of the United States Constitution that the United States Congress be "dependent on the people alone" (James Madison, Federalist 52); and

Whereas, that dependency has evolved from a dependency on the people alone to a dependency on those who spend excessively in elections, through campaigns or third-party groups; and

Whereas, in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), the United States Supreme Court removed restrictions on amounts of independent political spending; and

Whereas, the removal of those restrictions has resulted in the unjust influence of powerful economic forces, which have supplanted the will of the people by undermining our ability to choose our political leadership, write our own laws and determine the fate of our state; and 

Whereas, Article V of the United States Constitution requires the United States Congress to call a convention for proposing amendments on application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution; and

Whereas, the State of Arizona sees the need for a convention to propose amendments in order to address concerns such as those raised by the Citizens United decision and related cases and events, including those occurring long before or afterward or for a substantially similar purpose and desires that this convention should be so limited; and

Whereas, the State of Arizona desires that the delegates to this convention be composed equally of individuals currently elected to state and local office, or be selected by election, in each congressional district for the purpose of serving as delegates, though all individuals elected or appointed to federal office, now or in the past, be prohibited from serving as delegates to the convention, and intends to retain the ability to restrict or expand the power of its delegates within the limits expressed above; and

Whereas, the State of Arizona intends that this be a continuing application considered together with applications calling for a convention passed in the 2013-2014 Vermont legislature as R454, the 2013-2014 California legislature as Resolution Chapter 77, the 2013-2014 Illinois legislature as Senate Joint Resolution No. 42 and all other passed, pending and future applications, the aforementioned concerns of Arizona notwithstanding until such time as two-thirds of the several states have applied for a Convention and said Convention is convened by Congress.

Therefore

Be it resolved by the House of Representative of the State of Arizona, the Senate 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 amendments to the Constitution of the United States.

2.  That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application on the same subject.

3.  That the Secretary of State of the State of Arizona transmit copies of this Resolution to the President of the United States, the Vice President of the United States in his capacity as presiding officer of the United States Senate, the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the President Pro Tempore of the United States Senate, each Member of Congress from the State of Arizona with the respectful request that the full and complete text of this Resolution be printed in the Congressional Record, the Governor of each state and the presiding officers of each legislative body of each of the several states, requesting the cooperation of the states in issuing an application compelling Congress to call a convention for proposing amendments pursuant to Article V of the United States Constitution.