Alabama House Bill HJR104

Alabama 2023 Regular Session

• Introduced: 4/20/23
• Refer: 4/20/23

Caption

RESCINDING ALL PREVIOUS RESOLUTIONS OF THE ALABAMA LEGISLATURE WHICH REQUEST CONGRESS TO CALL A CONVENTION PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION.

Impact

If adopted, HJR104 would effectively nullify Alabama's historical applications to Congress for a constitutional convention, responding to evolving public opinion and legislative perspectives. The measure serves both as a withdrawal of prior legislative requests and a caution against the unknown consequences that could arise from attempting to amend the Constitution via a convention. Additionally, it calls upon other state legislatures with similar previous resolutions to reconsider their positions, thereby fostering a broader dialogue about state-level governance and the integrity of constitutional procedures.

Summary

House Joint Resolution 104 (HJR104) seeks to rescind all previous resolutions from the Alabama Legislature that requested Congress to call a convention under Article V of the United States Constitution. The resolution reflects a growing concern regarding the potential implications and risks inherent in calling a convention, particularly with respect to the uncertainty of the outcomes and the fundamental changes it could impose on the U.S. government and constitutional framework. The resolution argues that a constitutional convention could lead to the drafting of a new constitution altogether, potentially endangering the rights and liberties currently afforded under the original document.

Contention

Debate surrounding HJR104 is steeped in historical context, particularly citing the Founding Fathers' apprehensions about the potential for a constitutional convention to spiral out of control. Prominent figures such as James Madison and Alexander Hamilton expressed significant concerns regarding the risks associated with conventions, including the potential to introduce drastic changes to government operations and civil liberties. This symbolism underlines the resolution's core argument that removing Alabama's support for such conventions is a preventive measure to protect both state sovereignty and citizen rights.