HJR 2001 (LSB 5152YH (5) 88)

HOUSE JOINT RESOLUTION 2001

BY  SALMON

HOUSE JOINT RESOLUTION

A Joint Resolution rescinding all previous requests by the general assembly of the state of Iowa for the United States Congress to call a federal constitutional convention pursuant to Article V of the United States Constitution.

   WHEREAS, the constitutional convention of 1787 was initially convened to make revisions to the Articles of Confederation and that convention decided instead to discard the Articles of Confederation entirely and create a new system of government; and
   WHEREAS, the United States Constitution has served as the cornerstone of American liberty since its creation in 1787 and was the first written national constitution to set forth a system of separation of powers and to ensure that the rights of minority groups could not be easily trampled upon by the will of the majority; and
   WHEREAS, the United States Constitution has proven to be resilient and a subsequent constitutional convention has not been held since 1787; and
   WHEREAS, Article V of the United States Constitution requires the Congress of the United States to convene a constitutional convention upon the application of two-thirds of the several states; and
   WHEREAS, the general assembly of the state of Iowa has, at various times, previously made applications to the Congress of the United States of America to call a convention to propose amendments concerning specific subjects to the United States Constitution, pursuant to Article V; and
   WHEREAS, over the course of time, the will of the people of the state of Iowa may have changed relating to these previous resolutions; and
   WHEREAS, the general assembly of the State of Iowa is aware that other state legislatures have made applications requesting that Congress call a constitutional convention; and
   WHEREAS, the general assembly of the state of Iowa no longer supports its previous resolutions which request that Congress call a constitutional convention, all of which were adopted many decades ago; and does not wish for these resolutions to be included with applications made by other state legislatures; NOW THEREFORE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   That the general assembly of the state of Iowa rescinds all prior applications to the Congress of the United States of America to call a convention pursuant to Article V of the United States Constitution, including but not limited to all of the following:

  1. Joint resolution no. 3 of the 30th general assembly (1904).

  2. Senate joint resolution no. 2 of the 32nd general assembly (1907).

  3. House joint resolution no. 9 of the 33rd general assembly (1909).

  4. House concurrent resolution no. 15 of the 49th general assembly (1941).

  5. House concurrent resolution no. 26 of the 50th general assembly (1943).

  6. Senate concurrent resolution no. 11 of the 54th general assembly (1951).

  7. Senate concurrent resolution no. 13 of the 63rd general assembly (1969).

  8. House joint resolution no. 1 of the 64th general assembly, 1971 Acts, chapter 289.

  9. Senate joint resolution no. 1 of the 68th general assembly, 1979 Acts, chapter 172; and
   BE IT FURTHER RESOLVED, That the general assembly of the State of Iowa urges each state legislature which has requested Congress to call a constitutional convention to withdraw such applications; and
   BE IT FURTHER RESOLVED, That copies of this resolution be sent to the President and the Secretary of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and members of the Iowa congressional delegation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This joint resolution rescinds all prior applications by the Iowa general assembly to the Congress of the United States to call a constitutional convention pursuant to Article V of the United States Constitution.