Louisiana 2010 Regular Session

Louisiana House Bill HCR67

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

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 necessary and proper clause in Article I, Section 8 of the U.S. Constitution

Impact

This proposed amendment could significantly alter the balance of power between state and federal authorities by restricting Congress's legislative powers. Should Congress convene the Article V convention as requested, the outcomes from this convention could establish long-lasting changes to federal legislative authority, impacting various areas of law and governance. The resolution also allows for the state of Louisiana to rescind its application if it receives applications for a similar convention from two-thirds of the states, demonstrating a careful consideration of states' rights and legislative intentions.

Summary

HCR67, a resolution by the Louisiana Legislature, applies to the United States Congress to call an Article V convention for the express purpose of proposing a constitutional amendment. This amendment is intended to limit Congress's authority to pass legislation under the Article I, Section 8 necessary and proper clause of the U.S. Constitution. The resolution articulates the need for such an amendment as a necessary measure for the benefit of the American populace, emphasizing state sovereignty in the face of perceived federal overreach.

Sentiment

The sentiment surrounding HCR67 is mixed, reflecting a broader national debate on the limits of federal power versus state control. Supporters of the measure believe that limiting Congress's ability to enact broad and potentially overreaching laws is critical to preserving state autonomy. Conversely, opponents express concern that a convention could yield unintended consequences, potentially opening the door to radical changes in the Constitution that may erode rights and protections. Thus, debates surrounding HCR67 encapsulate fundamental tensions in the American political landscape regarding governance and autonomy.

Contention

Notable points of contention include concerns about the delegation process, eligibility requirements for delegates, and the power dynamics involved in the convention itself. The resolution mandates that delegates be elected without regard to party affiliation, which could lead to a diverse representation of views. However, questions remain about ensuring adequate representation of the state's interests. Furthermore, there are apprehensions about the possibility of a 'runaway convention,' where the scope of amendments proposed could extend beyond the intended limitations of the original resolution.

Companion Bills

No companion bills found.

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