HJR 2008 (LSB 5180YH (3) 85)

HOUSE JOINT RESOLUTION 2008

BY  HEARTSILL, SCHULTZ, and SHEETS

HOUSE JOINT RESOLUTION

A Joint Resolution requesting the call of a constitutional convention, or in the alternative requesting the United States Congress, to propose an amendment to the Constitution of the United States repealing the Seventeenth Amendment to the United States Constitution relating to the direct election of senators.

   WHEREAS, the original intent of the authors of the United States Constitution with regard to the legislative branch was to divide the legislature into two different branches, and both of these branches were to have different modes of election and different principles of action; and
   WHEREAS, in the Federalist Papers No. 45, James Madison stated, “The Senate will be elected absolutely and exclusively by the State legislatures”; and
   WHEREAS, the original purpose of the United States Senate was to protect the sovereignty of the states from the federal government and to give each individual state government representation in the federal legislative branch of government; and
   WHEREAS, the Seventeenth Amendment has resulted in a large federal government with power and control that cannot be checked by the states; and
   WHEREAS, with the repeal of the Seventeenth Amendment, no law or resolution could be passed without the concurrence of a majority of the representatives of the people and a majority of the representatives of the states; and
   WHEREAS, the repeal of the Seventeenth Amendment would restore the provision of the United States Constitution that the United States Senators be accountable to their respective state legislatures by whom they were elected; and
   WHEREAS, since the ratification of the Seventeenth Amendment in 1913, the size and scope of the federal government has grown exponentially and severely weakened the powers held by the individual states and the people as acknowledged by the Tenth Amendment to the United States Constitution; and
   WHEREAS, the United States Senate was designed to protect the rights and interests of the individual states, and the repeal of the Seventeenth Amendment would help to prevent the many unfunded mandates passed onto those states by the federal government; NOW THEREFORE,

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

   That pursuant to Article V of the Constitution of the United States, the general assembly, as the legislature of the state of Iowa, makes application to the Congress of the United States to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States, for submission to the states for ratification.
   BE IT FURTHER RESOLVED, That if, within sixty days after the legislatures of two-thirds of the states make application for such convention, Congress proposes and submits to the states for ratification an amendment to the Constitution of the United States to repeal the Seventeenth Amendment to the Constitution of the United States, in a manner substantially similar to the manner contained in this Joint Resolution, then this application for a convention shall no longer be of any force and effect.
   BE IT FURTHER RESOLVED, That if the convention is not limited to the specific and exclusive purposes of this Joint Resolution, this application and request shall be null and void, and shall be rescinded and of no effect.
   BE IT FURTHER RESOLVED, 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 for a similar convention under Article V, or the Congress has proposed the amendment called for by this Joint Resolution, or the general assembly acts to withdraw this application.
“ARTICLE
   SECTION 1. The seventeenth article of amendment to the Constitution of the United States is hereby repealed.
   SEC. 2. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”; and
   BE IT FURTHER RESOLVED, That the secretary of state shall transmit certified copies of this Joint Resolution to the president and secretary of the United States senate, the speaker and clerk of the United States house of representatives, the presiding officer in each house of the legislature in each of the states in the union, and each member 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 constitutes a petition requesting the United States Congress to call a constitutional convention to repeal the Seventeenth Amendment to the Constitution of the United States.
   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 or the Congress has proposed the amendment called for by this joint resolution. The joint resolution requires that if Congress proposes and submits to the states for ratification an amendment to the Constitution of the United States to repeal the Seventeenth Amendment within 60 days after the requisite number of legislatures make application for a constitutional convention, then this state’s application for a convention shall no longer have any force and effect. The joint resolution provides that the general assembly may withdraw this application.
   The joint resolution provides that if the constitutional convention is not limited to the specific and exclusive purposes of the resolution, that the application and request shall be null and void, and shall be rescinded and of no effect.
   The proposed amendment to the Constitution of the United States contained in the joint resolution would repeal the Seventeenth Amendment to the Constitution of the United States, but would require that such repeal not be so construed to affect the election or term of any senator chosen before the amendment becomes a valid part of the Constitution.
   The Seventeenth Amendment requires that the senate of the United States be composed of two senators from each state, elected by the electors of the respective states. The amendment also requires United States Senate electors have the same qualifications requisite for electors of the most numerous chamber in that state legislature. The amendment requires that when a vacancy occurs in a state’s representation in the senate, that the governor of the state call an election to fill the vacancy, however, the amendment further provides that the state legislatures may empower the governor to make temporary appointments until an election is held to fill the vacancy.
   With the repeal of the Seventeenth Amendment, Article I, Section 3 of the Constitution of the United States would govern the election of United States senators and the filling of vacancies in that chamber. Article I, Section 3, requires that the two senators from each state be chosen by the legislature of that state. Article I, Section 3, also requires that if senate vacancies occur while the respective state legislature is in recess that the governor may make a temporary appointment to the senate until the state legislature has reconvened.
   The joint resolution requires the Secretary of State to transmit certified copies of this resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, the presiding officer in each house of the legislature in each of the states in the union, and to each member of the Iowa congressional delegation.