Louisiana House Bill HCR64

Louisiana 2010 Regular Session

• Introduced: 3/30/10
• Refer: 3/31/10
• Report Pass: 6/3/10
• Engrossed: 6/9/10
• Refer: 6/10/10

Caption

Applies to congress to call a convention pursuant to Article V of the U.S. Constitution to propose an amendment regarding a limitation on the authority of congress to pass legislation pursuant to the general welfare clause in Article I, Section 8 of the U.S. Constitution

Impact

Should HCR64 successfully lead to an Article V convention, it would be a significant procedural step towards proposing a constitutional amendment. The resolution outlines that delegates to the convention will be elected from each congressional district, and it establishes eligibility and election procedures for these delegates. The outcome could potentially reshape the boundaries of federal legislative power, making it a pivotal moment in the balancing of power between state and federal governance. The resolution also stipulates that each state's application may be rescinded at any time before Congress receives applications from two-thirds of the states, which adds a layer of flexibility and control for state legislatures.

Summary

HCR64 is a Concurrent Resolution by the Legislature of Louisiana that applies to Congress for the calling of a convention pursuant to Article V of the U.S. Constitution. The sole purpose of this convention would be to propose an amendment that places limitations on Congress's authority to enact legislation under the general welfare clause articulated in Article I, Section 8 of the Constitution. This reflects a growing sentiment among certain legislative groups that Congress has overstepped its bounds in exercising powers not explicitly granted by the Constitution.

Sentiment

The sentiment regarding HCR64 is mixed and reflects broader national discussions about the power dynamics between state and federal authorities. Proponents of the bill see it as a necessary measure to curtail what they perceive to be federal overreach, particularly related to the interpretation of the general welfare clause. Detractors may see this as a threat to necessary federal protections and standards that safeguard the welfare of citizens across multiple domains. The commentary surrounding this legislation points to a deep divide in political thought regarding federalism and states' rights.

Contention

Notable points of contention include the potential for a convention to deviate from its intended purpose once convened, highlighting fears that delegates might be prompted to propose amendments beyond the scope initially defined. Furthermore, concerns about the qualifications for delegates and their potential political affiliations have been raised, as the resolution mandates candidates run without regard to party affiliation. This raises questions about maintaining neutrality and the capacity of the delegates to represent a broad spectrum of public opinion while drafting proposed amendments.