SJR57INTRODUCED
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YAB56N-1
By Senator Carnley
RFD: RULES
First Read: 02-May-23
2023 Regular Session
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SJR___ RESCINDING ALL PREVIOUS RESOLUTIONS OF THE ALABAMA
LEGISLATURE WHICH REQUEST CONGRESS TO CALL A CONVENTION
PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION.
WHEREAS, the Federal Constitution Convention of 1787
was called for the sole and express purpose of revising the
Articles of Confederation, yet this convention decided
instead to discard the Articles of Confederation and draft a
new constitution which created a new system of government;
and
WHEREAS, the Articles of Confederation provided that
an amendment to the Articles had to be approved by the
Continental Congress and all of the then 13 states before
the amendment would be effective; the new constitution
drafted at the Federal Constitutional Convention of 1787
provided that an amendment would be ratified when only nine
of the states approved the amendment; and
WHEREAS, the United States Constitution has served as
the cornerstone of American liberty since its creation in
1787; it was the first written national constitution to set
forth a system of separation of powers into three branches
and to enumerate the powers delegated to each of the
branches; and
WHEREAS, the powers delegated by the Constitution of
1787 to the federal government are few and defined, and our
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problems arise from not knowing and not enforcing those
existing limitations on the federal government; and
WHEREAS, James Madison wrote in The Federalist No. 43
that the purpose of amendments to the United States
Constitution are to repair discovered constitutional faults
or for amendments of constitutional errors, and that no
framer said the purpose of amendments are to rein in the
federal government when it usurps powers not delegated; and
WHEREAS, James Madison showed in The Federalist No.
49 that a convention is neither proper nor effective to
restrain government when it encroaches; and
WHEREAS, Article V of the United States Constitution
provides for two methods of amendment, Congress proposes
amendments and sends them to the states for ratification, or
upon the applications of the legislatures of two-thirds of
the states, Congress calls a convention for proposing
amendments; and
WHEREAS, James Madison trembled at the prospect of
another convention; Alexander Hamilton dreaded one; and four
former Justices of the United States Supreme Court warned
that another convention would run "extravagant risques" and
that delegates to a convention cannot be controlled; and
WHEREAS, if delegates to a convention called by
Congress pursuant to Article V decide to discard our
Constitution of 1787 and create a new constitution with a
new system of government, the new constitution will have its
own new mode of ratification; and
WHEREAS, each of the existing 27 Amendments to the
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United States Constitution were proposed by Congress and
submitted to the states for ratification; we have never had
a convention called under Article V of our Constitution; and
WHEREAS, Article V of the United States Constitution
delegates to Congress the power to call a federal
constitutional convention; Article I, Section 8, last
clause, delegates to Congress the power to make all laws
necessary and proper for carrying out all powers vested by
the Constitution in Congress; and
WHEREAS, the Congressional Research Service Report,
dated April 11, 2014, shows that in Congress' preliminary
preparations for Article V conventions in the past, Congress
has traditionally laid claim to broad responsibilities in
connection with a convention, including determining the
number and selection process for its delegates, setting
internal convention procedures, including formulae for
allocation of votes among the states; and
WHEREAS, the states have no constitutional authority
to determine the rules of order or operational aspects of a
constitutional convention called by Congress pursuant to
Article V of the Constitution; and
WHEREAS, nothing in Article V of the Constitution
provides for, nor can any state application guarantee, equal
suffrage or equal franchise to each state at a
constitutional convention; and
WHEREAS, the states have no authority to impose any
penalty, sanction, or limitation on convention delegates,
for the delegates represent the people and the sovereign
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right of the people to alter or abolish their government and
to institute a new government; and
WHEREAS, the Alabama Legislature has at various times
since at least as early as 1833 passed resolutions
requesting Congress to call a convention, pursuant to
Article V of the Constitution, to propose amendments to the
Constitution relating to a variety of subjects; and
WHEREAS, nothing in Article V of the Constitution
permits Congress or the states to limit the convention to
any specific topic or topics; and
WHEREAS, over the course of time, the will of the
people of the State of Alabama may have changed relating to
these previous resolutions; and
WHEREAS, a constitutional convention called by
Congress could result in the imposition of a new
constitution with its own new mode of ratification, which
could fundamentally transform our country by establishing a
new system of government which denies the existence of
unalienable, God-given rights and establishes a tyranny,
thereby denying liberty to future generations of Alabama
residents; and
WHEREAS, the Alabama Legislature is aware that other
state legislatures have made applications requesting that
Congress call a constitutional convention; and
WHEREAS, the Alabama Legislature no longer supports
its previous resolutions which request that Congress call a
constitutional convention, many of which were adopted many
decades ago, and does not wish for these resolutions to be
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included with applications made by other state legislatures;
now therefore,
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
HOUSES THEREOF CONCURRING, That the members of the Alabama
Legislature hereby rescind, repeal, cancel, void, nullify,
and withdraw each and every previous resolution passed by
the Alabama Legislature which requests or urges the Congress
of the United States to call a constitutional convention
pursuant to Article V of the United States Constitution.
BE IT FURTHER RESOLVED, That the members of the
Alabama Legislature urge each state legislature which has
requested Congress to call a constitutional convention to
withdraw those requests.
BE IT FURTHER RESOLVED, That the Secretary of State
shall transmit certified copies of this resolution to the
President and Secretary of the United States Senate, to the
Speaker and Secretary of the United States House of
Representatives, the members of the Alabama Congressional
Delegation, and to the presiding officers of each house of
the several state legislatures attesting the adoption of
this resolution by the Alabama Legislature.
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