GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    1

HOUSE JOINT RESOLUTION 52

Sponsors:	Representatives Elmore, Jordan, and Jackson (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary I, if favorable, Appropriations

February 8, 2017

A JOINT RESOLUTION (1) rescinding ALL EXTANT APPLICATIONS BY THE General Assembly HERETOFORE MADE DURING ANY SESSION THEREOF TO THE CONGRESS OF THE UNITED STATES OF AMERICA TO CALL A CONVENTION PURSUANT TO THE TERMS OF ARTICLE V OF THE UNITED STATES CONSTITUTION FOR PROPOSING ONE OR MORE AMENDMENTS TO THAT CONSTITUTION, (2) URGING THE LEGISLATURES OF OTHER STATES TO DO THE SAME, and (3) DIRECTING THAT COPIES OF THIS RESOLUTION BE SENT TO SPECIFIED PERSONS.

Whereas, the General Assembly, acting with the best of intentions, has, at various times and during various sessions, previously made applications to the Congress of the United States either to call one or more conventions to propose a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the Constitution of the United States, pursuant to the provisions of Article V of the Constitution of the United States thereof; and

Whereas, former Associate Justice of the United States Supreme Court Arthur J. Goldberg and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, notwithstanding any limitations or restrictions to the contrary purportedly imposed by the states in applying for such a convention or conventions, thereby creating an imminent peril to the well‑established rights of the citizens and the duties of various levels of government; and

Whereas, the Constitution of the United States has been amended many times in the history of this nation and may be amended many more times without the need to resort to a constitutional convention and has been interpreted for more than 200 years and has been found to be a sound document which protects the lives and liberties of the citizens; and

Whereas, there is no need for, rather there is great danger in, a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another two centuries of litigation over its meaning and interpretation; Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

SECTION 1.  The General Assembly rescinds all extant applications by the General Assembly to the Congress of the United States to call a convention to propose amendments to the Constitution of the United States, pursuant to the terms of Article V of the Constitution of the United States thereof, regardless of when or by which session of the General Assembly the applications were made and regardless of whether the applications were for a limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects.

SECTION 2.  The General Assembly urges the legislatures of every state that has applied to Congress to call a convention for either a general or a limited constitutional convention to repeal and withdraw the applications.

SECTION 3.  The Secretary of State shall send a certified copy of this resolution to the secretary of state of each state, to the presiding officers of both houses of the legislatures of each state, to the Secretary of the United States Senate, to the Clerk of the United States House of Representatives, to the members of Congress of the United States representing this State, and to the Administrator of the U.S. General Services Administration, Washington, D.C.

SECTION 4.  This resolution is effective upon ratification.