Application for a Convention of the States under Article V of the Constitution of the United States

Summary

The federal government has steadily consolidated its power while eroding state control in ways that are clearly inconsistent with the Tenth Amendment to the U.S. Constitution. Foreseeing this possibility, our constitutional framers created a method for states to introduce amendments to the U.S. Constitution through an Article V Convention. This draft model policy serves as an application to Congress to call an Article V Convention limited to proposing amendments to that will impose fiscal restraints on the federal government; limit the power and jurisdiction of the federal government and limit the terms of office for federal officials and members of Congress.

Application for a Convention of the States under Article V of the Constitution of the United States

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—by proposing Amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of   restraining these and related abuses of power;

BE IT THEREFORE RESOLVED BY THE LEGISLATURE OF THE STATE OF _____:

SECTION 1. The legislature of the State of ______ hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States 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 for members of Congress.

SECTION 2. The secretary of state is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and copies to the members of the said Senate and House of Representatives from this State; also to transmit copies hereof to the presiding officers of each of the legislative houses in the several States, requesting their cooperation.

SECTION 3. This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made applications on the same subject.

Approved by the ALEC International Relations and Federalism Task Force at the ALEC Annual Meeting on Thursday July 23, 2015 and Friday, July 24, 2015. Approved by ALEC Board of Directors on September 4, 2015.