SJR 6 (LSB 1732XS (4) 88)

SENATE JOINT RESOLUTION 6

BY  KINNEY

SENATE JOINT RESOLUTION

A Joint Resolution requesting the calling of a constitutional convention for the exclusive purpose of proposing an amendment to the United States Constitution that will restore balance and integrity to our elections.

   WHEREAS, the framers of the Constitution of the United States of America intended that the Congress of the United States of America should be “dependent on the people alone”, as James Madison wrote in Federalist number 52; and
   WHEREAS, that dependency has evolved from a dependency on the people alone to a dependency on powerful special interests, through campaigns or third-party groups, that has created a fundamental imbalance in our representative democracy; and
   WHEREAS, Americans across the political spectrum agree that elections in the United States of America should be free from the disproportional influence of special interests and fair enough that any citizen can be elected into office; and
   WHEREAS, the Constitution of the State of Iowa states: “All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”; and
   WHEREAS, Article V of the Constitution of the United States requires Congress to call a convention for proposing amendments to the Constitution of the United States on the application of two-thirds of the legislatures of the several states; and
   WHEREAS, the general assembly perceives the need for a constitutional convention to restore balance and integrity to our elections by proposing an amendment to the Constitution of the United States that will permanently protect free and fair elections in America by addressing, among other things, issues raised by the decisions of the United States supreme court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), and related cases and events, and desires that said convention should be so limited; and
   WHEREAS, the state of Iowa desires that the delegates to said convention shall be comprised 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 herein; and
   WHEREAS, the state of Iowa 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 98th Illinois general assembly as senate joint resolution 42, the 2014-2015 New Jersey legislature as senate concurrent resolution 132, the 2015-2016 Rhode Island legislature as house resolution 7670 and senate resolution 2589, and all other passed, pending, and future applications until such time as two-thirds of the several states have applied for a convention for a similar purpose and said convention is convened by Congress; NOW THEREFORE,

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

   That the general assembly, as the legislature of the state of Iowa, pursuant to Article V of the Constitution of the United States, hereby applies to the United States Congress to call a convention for the exclusive purpose of proposing an amendment to the Constitution of the United States that will restore free and fair elections as described herein, as soon as two-thirds of the several states have applied for a convention for a similar purpose.
   BE IT FURTHER RESOLVED, That the secretary of the Iowa senate 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, to each senator and representative from Iowa in the Congress of the United States with the respectful request that the full and complete text of this resolution be printed in the congressional record, and to 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 Constitution of the United States.
   BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with article v of the constitution of the United States until the legislatures of at least two-thirds of the several states have made applications on the same subject.
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 constitutes a petition requesting the United States Congress to call a constitutional convention for the exclusive purpose of proposing an amendment to the Constitution of the United States responding to the United States supreme court’s decision in Citizens United v. Federal Election Commission and relating to election fairness and corporate political speech and submit it to the states for ratification.
   The joint resolution calls for the convention to be comprised 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. The joint resolution prohibits all individuals who have ever been elected or appointed to federal office from serving as delegates. The joint resolution reserves to the state of Iowa the ability to restrict or expand the power of its delegates.
   The joint resolution also provides that it shall serve as a continuing application to call a constitutional convention, until at least two-thirds of the legislatures of the several states have made application for a similar convention and the convention is convened by Congress.
   The joint resolution provides that it shall serve as a continuing application to call a constitutional convention until at least two-thirds of the legislatures of the several states have made applications on the same subject.
   The joint resolution also requires that the secretary of the Iowa senate 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, to each senator and representative from Iowa in the Congress of the United States with the request that the complete text of the resolution be printed in the congressional record, and to 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 Constitution of the United States.