[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[Senate]
[Page 8876]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petition or memorial was laid before the Senate and was 
referred or ordered to lie on the table as indicated:

       POM-40. A concurrent resolution adopted by the Legislature 
     of the State of Missouri applying to the United States 
     Congress, under the provisions of Article V of the United 
     States Constitution, for the calling of a convention of the 
     states limited to proposing amendments to the United States 
     Constitution that impose fiscal restraints on the federal 
     government, limit the power and jurisdiction of the federal 
     government, and limit the terms of office for its officials 
     and members of Congress; to the Committee on the Judiciary.

                   Senate Concurrent Resolution No. 4

       Whereas, the Founders of our Constitution empowered state 
     legislators to be guardians of liberty against future abuses 
     of power by the federal government; and
       Whereas, the federal government has created a crushing 
     national debt through improper and imprudent spending; and
       Whereas, the federal government has invaded the legitimate 
     roles of the states through the manipulative process of 
     federal mandates, most of which are unfunded to a great 
     extent; and
       Whereas, the federal government has ceased to live under a 
     proper interpretation of the Constitution of the United 
     States; and
       Whereas, it is the solemn duty of the states to protect the 
     liberty of our people--particularly for the generations to 
     come--to propose amendments to the United States Constitution 
     through a convention of states under Article V to place clear 
     restraints on these and related abuses of power: Now, 
     therefore, be it
       Resolved, by the members of the Missouri Senate, Ninety-
     ninth General Assembly, First Regular Session, the House of 
     Representatives concurring therein, Hereby apply to Congress, 
     under the provisions of Article V of the United States 
     Constitution, for the calling of a convention of the states 
     limited to proposing amendments to the United States 
     Constitution that impose fiscal restraints on the federal 
     government, limit the power and jurisdiction of the federal 
     government, and limit the terms of office for its officials 
     and members of Congress; and be it further
       Resolved, That the General Assembly adopts this application 
     with the following understandings (as the term 
     ``understandings'' is used within the context of 
     ``reservations, understandings, and declarations''):
       (1) An application to Congress for an Article V convention 
     confers no power on Congress other than to perform a 
     ministerial function to' ``call'' for a convention;
       (2) This ministerial duty shall be performed by Congress 
     only when Article V applications for substantially the same 
     purpose are received from two-thirds of the legislatures of 
     the several states;
       (3) The power of Congress to ``call'' a convention solely 
     consists of the authority to name a reasonable time and place 
     for the initial meeting of the convention;
       (4) Congress possesses no power whatsoever to name 
     delegates to the convention, as this power remains 
     exclusively within the authority of the legislatures of the 
     several states;
       (5) Congress possesses no power to set the number of 
     delegates to be sent by any states;
       (6) Congress possesses no power whatsoever to determine any 
     rules for such convention;
       (7) By definition, a Convention of States means that states 
     vote on the basis of one state, one vote;
       (8) A Convention of States convened pursuant to this 
     application is limited to consideration of topics specified 
     herein and no other;
       (9) The General Assembly of Missouri may recall its 
     delegates at any time for breach of their duties or 
     violations of their instructions;
       (10) Pursuant to the text of Article V, Congress may 
     determine whether proposed amendments shall be ratified by 
     the legislatures of the several states or by special state 
     ratification conventions. The General Assembly of Missouri 
     recommends that Congress specify its choice on ratification 
     methodology contemporaneously with the call for the 
     convention;
       (11) Congress possesses no power whatsoever with regard to 
     the Article V convention beyond the two powers acknowledged 
     herein;
       (12) Missouri places express reliance on prior legal and 
     judicial determinations that Congress possesses no power 
     under Article I relative to the Article V process, and that 
     Congress must act only as expressly specified in Article V; 
     and be it further
       Resolved, That this application shall expire five (5) years 
     after the passage of this resolution; and be it further
       Resolved, That the Secretary of the Senate be instructed to 
     prepare a properly inscribed copy of this resolution for the 
     President and Secretary of the United States Senate, the 
     Speaker and Clerk of the United States House of 
     Representatives, each member of the Missouri Congressional 
     delegation, and the presiding officers of each of the 
     legislative houses in the several states requesting their 
     cooperation.

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