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PAG LIN 1 1 HOUSE CONCURRENT RESOLUTION NO. ___ 1 2 BY BURNETT, DOTZLER, SCHERRMAN, WHITEAD, KINZER, 1 3 MASCHER, FALLON, WITT, BERNAU, MORELAND, and SCHRADER 1 4 A Concurrent Resolution requesting that the Congress 1 5 of the United States propose a constitutional 1 6 amendment, for ratification by the states, which 1 7 would specify that the people of the United States 1 8 have a right to a clean and healthful environment. 1 9 WHEREAS, the triumph of freedom and justice 1 10 embodied in the Constitution of the United States of 1 11 America gives contemporary and future generations a 1 12 structure for ordered liberty that has served this 1 13 nation well; and 1 14 WHEREAS, historic decisions, augmented from time to 1 15 time by amendment, give the people a constitution 1 16 which permits each generation to overcome the great 1 17 social disturbances of its time; and 1 18 WHEREAS, the protection of the rights of speech and 1 19 assembly against overbearing government, the 1 20 liberation of enslaved Americans, the right of women 1 21 to vote, the restraints on the power of concentrated 1 22 wealth, the intelligent use of government to protect 1 23 the economic interests of all, and the use of national 1 24 military power here and abroad, have all been achieved 1 25 through this constitutional framework; and 1 26 WHEREAS, the American people have well understood 1 27 their Constitution and the values and powers it 1 28 embodies; and 1 29 WHEREAS, the goals of our generation and our hope 1 30 for future generations continue to be liberty, 2 1 justice, and physical and material security; and 2 2 WHEREAS, a constitution which protects our personal 2 3 security is the heart of the American system; and 2 4 WHEREAS, the Constitution seeks to ensure that each 2 5 person is free of the threat of attack and free of 2 6 actions by others that diminish life, liberty, health, 2 7 or property or that prevent the pursuit of happiness; 2 8 and 2 9 WHEREAS, the people of the United States of America 2 10 are increasingly besieged by attacks on their personal 2 11 security, their health, the health of their families, 2 12 and their right to enjoy the air, water, and natural 2 13 resources of the nation; and 2 14 WHEREAS, the continuing and growing threat to the 2 15 public health and the nation's natural resources is a 2 16 challenge to our generation of the kind other 2 17 generations faced and overcame; and 2 18 WHEREAS, the people are the custodians of the 2 19 health of their children, of future generations, whose 2 20 ability to breathe clean air, drink healthful water, 2 21 avoid poisons, and share in the spiritual regeneration 2 22 that comes from wilderness and nature is in danger; 2 23 and 2 24 WHEREAS, the people are obliged to protect each 2 25 citizen from these threats as surely as were previous 2 26 generations obliged to enhance freedom, justice, and 2 27 prosperity; and 2 28 WHEREAS, a constitutional remedy is necessary to 2 29 accomplish this goal; and 2 30 WHEREAS, the decision to seek a constitutional 3 1 remedy is significant and necessary; and 3 2 WHEREAS, the people have historically been 3 3 reluctant to amend the Constitution except for the 3 4 most compelling reasons; and 3 5 WHEREAS, although the Iowa General Assembly shares 3 6 that view, the commitment to the public health and 3 7 environmental security of our citizens and of future 3 8 generations is so important and so deeply a part of 3 9 American tradition and values that it requires 3 10 constitutional status; and 3 11 WHEREAS, the people can no more rely on statutory 3 12 protections for the environment and public health than 3 13 the nation of 130 years ago could rely on statutes 3 14 alone for the liberation of enslaved Americans, or 3 15 than the nation of 80 years ago could rely on statutes 3 16 alone declared the right of women's suffrage to be a 3 17 constitutional right; NOW THEREFORE, 3 18 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE 3 19 SENATE CONCURRING, That the General Assembly of the 3 20 State of Iowa respectfully requests the Congress of 3 21 the United States to submit to the several states 3 22 comprising the United States the following amendment 3 23 to the Constitution of the United States: 3 24 "The natural resources of the nation are the 3 25 heritage of present and future generations. The right 3 26 of each person to clean and healthful air and water, 3 27 and to the protection of the other natural resources 3 28 of the nation, shall not be infringed upon by any 3 29 person." 3 30 BE IT FURTHER RESOLVED, That the General Assembly 4 1 of the State of Iowa also proposes that the 4 2 legislatures of each of the several states comprising 4 3 the United States apply to the Congress of the United 4 4 States requesting the enactment of the above amendment 4 5 to the Constitution; and 4 6 BE IT FURTHER RESOLVED, That copies of this 4 7 resolution be sent to the secretaries of state and 4 8 presiding officers of each house of the legislatures 4 9 of each of the other states in the Union, the Speaker 4 10 of the United States House of Representatives, the 4 11 President of the United States Senate, and all of the 4 12 members of Iowa's congressional delegation. 4 13 LSB 1458HH 77 4 14 tm/jw/5
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