Sample State Resolution

WHEREAS, the Founders embodied great thought and consideration to our form of government as a republic with attention to balance of power insofar as no person or collection of persons should possess power without limit or boundary AND,

WHEREAS, the Constitution reflects the specific aims to balance power in government generally AND,

WHEREAS, the Federal Government is the specific expression of the of government as a republic of the sovereign, free, and independent States AND,

WHEREAS, changes to the structure and function of the Federal Government through Amendments to the Constitution are guided by Article V of the present Constitution AND,

WHEREAS, the Constitution specifies two methods of proposing amendments in Article V AND,

WHEREAS, one method of proposing Amendments to the Constitution resides within the right of the States Legislatures themselves to call a Convention to propose Amendments AND,

WHEREAS, the States Legislatures claim exclusive right of assent to any proposed Amendments as specified in Article V of the present Constitution AND,

WHEREAS, it is concluded that the States reserve the right to control the structure and function of the Constitution and in turn the proper function of the Federal Government AND,

WHEREAS, Article I of the Constitution specifies the design of the Congress to control through Legislative action the statutory power and spending of the Federal Government AND,

WHEREAS, Article I, Section 8 outlines specific enumerated powers granted to the Congress AND,

WHEREAS, the Tenth Amendment binds the Congress to restrict all legislation to only those powers granted in Article I, Section 8 AND,

WHEREAS, through greater than 200 years of governing through many crises, the Congress has passed legislation that effectively has rendered the Federal Government’s powers as absolute and unbounded AND,

WHEREAS, the Supreme Court has interpreted particular clauses with Article I, Section 8 to allow Congress to function effectively without boundary AND,

WHEREAS, it is the opinion of the States that limitation of the power of the Federal Government is a critical element of our Republic and the liberty of the Citizens of these United States AND,

WHEREAS, it is the opinion of the States that clarification of certain powers within Article I, Section 8 is necessary to restrict the power of the Congress and the Federal Government itself to better reflect the proper balance of power of government in general; THEREFORE BE IT

RESOLVED that the States formally enjoin the Congress of the United States to call a Convention of the States for the purpose of proposing amendments to the Constitution in order to clarify the limitations on Federal Power, AND BE IT FURTHER

RESOLVED that representatives to said convention be restricted to two representatives from each state to be chosen specifically be the Legislature of each State respectively, AND BE IT FURTHER

RESOLVED that the Convention be held within the District of Columbia within sixty days of the formal request of the 34th State, AND BE IT FURTHER

RESOLVED that the Convention be presided over by a President and a Vice-President selected by secret ballot as the first order of business following nomination upon entry, AND BE IT FURTHER

RESOLVED that the Convention follow Robert’s Rules of Order, AND BE IT FURTHER

RESOLVED that the Convention conclude with proposed Amendments to be sent back to the States Legislatures for ratification by 39 states to become valid parts of the Constitution as specified by Article V, AND BE IT FURTHER

RESOLVED that our Representatives shall be NAME and NAME and are hereby charged by this Legislative body to restrict their actions at the Convention to clarification of limitations of the Powers of the United States Congress as a Federal Legislative body, specifically:

* that the Commerce clause be limited such that: Congress has authority to regulate Commerce between States to make regular, to support free and open trade. Congress shall pass no law restricting intrastate commerce and Congress shall pass no law restricting interstate commerce unless one State specifically requests redress of harms to its commerce through the specific action of another State.
* that the General Welfare clause adds no additional power to other specified powers within Article I, Section 8
* that the Necessary and Proper clause adds no additional power to other specified powers within Article I, Section 8