HCR 5017--
Session of 1997
House Concurrent Resolution No. 5017
By Representatives Wagle and Palmer and Campbell, Compton, Dahl, Hayzlett, Johnson, Landwehr, P. Long, Mason, Mayans, McCreary, Mollenkamp, J. Peterson, Powell and Stone

11 A CONCURRENT RESOLUTION memorializing the Congress of the 12 United States to propose an amendment to Article V of the United 13 States Constitution that will enable three-fourths of the states to 14 amend the Constitution subject to congressional veto. 15 16 WHEREAS, All 33 amendments proposed to the United States Con- 17 stitution since 1788 have been initiated by Congress; and 18 WHEREAS, More than 400 petitions from the several states request- 19 ing a constitutional convention to propose amendments have been filed 20 with Congress but have never resulted in the calling of a convention or 21 adoption of an amendment; and 22 WHEREAS, There should be a proper balance of national and state 23 power in a federal system; the present mechanism for the states to initiate 24 a constitutional convention has proved to be unworkable; and the envi- 25 sioned and desirable equipoise between national and state powers re- 26 quires a means for the several states to be able to propose amendments 27 to the Constitution; and 28 WHEREAS, An Intergovernmental Partnership Task Force proposed 29 in its 1989 report to the Intergovernmental Affairs Committee of The 30 Council of State Governments an amendment to Article V of the United 31 States Constitution to establish a thoughtful balancing of national and 32 state interests in the constitutional amendment process; and 33 WHEREAS, The gist of the Task Force proposal is to enable the leg- 34 islatures of three-fourths of the states to propose amendments to the 35 Constitution subject to the veto of the Congress by a two-thirds vote of 36 both Houses within two years of the states' submission of the amend- 37 ments; and 38 WHEREAS, This proposal embodies a prudent method for constitu- 39 tional amendments to be initiated by a substantial majority of the several 40 states and yet subject to veto by the Congress: Now, therefore, 41 Be it resolved by the House of Representatives of the State of Kansas, 42 the Senate concurring therein: That the legislature request the Congress 43 of the United States to propose an amendment to Article V of the Con- HCR 5017

 1  stitution of the United States which in essence provides that:
 2    Whenever three-fourths of the legislatures of the several states deem
 3  it necessary, they shall propose amendments to this Constitution. After
 4  two years from the date of receipt by the Clerk of the House of Repre-
 5  sentatives of a certified copy of the proposed amendments from the state
 6  which represents three-fourths or more of the several states, the proposed
 7  amendments shall be valid to all intents and purposes as part of this
 8  Constitution, unless disapproved by two-thirds of both Houses of Con-
 9  gress within that two-year period. Each state shall have the power to
10  rescind its action to propose the amendments only until the beginning of
11  that two-year period; and
12    Be it further resolved:  That the legislature request the legislatures of
13  the several states to apply to Congress for the proposal of this amendment
14  to the Constitution of the United States; and
15    Be it further resolved:  That copies of this resolution be sent by the
16  Chief Clerk of the House of Representatives to the President of the Sen-
17  ate and the Speaker of the House of Representatives of the United States,
18  to each of the senators and representatives from Kansas, and to the leg-
19  islatures of each of the several states, attesting to the adoption of this
20  resolution.