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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 28
BY REPRESENTATIVE RICHARD
CONGRESS: Applies to the U.S. Congress to call a convention for the purpose of
proposing amendments to the U.S. Constitution to address concerns raised by the
2010 decision of the U.S. Supreme Court in Citizens United v. Federal Election
Commission
A CONCURRENT RESOLUTI ON1
To apply to the Congress of the United States to call a convention, pursuant to Article V of2
the Constitution of the United States of America, for the sole and limited purpose of3
proposing an amendment or amendments to the Constitution of the United States of4
America to address concerns raised by the decision of the United States Supreme5
Court in the case of Citizens United v. Federal Election Commission.6
WHEREAS, the first president of the United States, George Washington, stated that7
"The basis of our political systems is the right of the people to make and to alter their8
Constitutions of Government"; and9
WHEREAS, it was the stated intention of the framers of the Constitution of the10
United States of America that the Congress of the United States of America should be11
"dependent on the people alone" (James Madison, Federalist 52); and12
WHEREAS, that dependency has evolved from a dependency on the people alone13
to a dependency on those who spend excessively in elections, through campaigns or third-14
party groups; and15
WHEREAS, the United States Supreme Court ruling in Citizens United v. Federal16
Election Commission, 558 U.S. 310 (2010) removed restrictions on amounts of independent17
political spending; and18
WHEREAS, the removal of those restrictions has resulted in the unjust influence of19
powerful economic forces, which have supplanted the will of the people by undermining the20 HLS 14RS-1280 ORIGINAL
HCR NO. 28
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ability of citizens to choose their political leadership, write their own laws, and determine1
the fate of the nation and the states; and2
WHEREAS, Article V of the United States Constitution requires the United States3
Congress, upon application of two-thirds of the legislatures of the several states, to call a4
convention for the purpose of proposing amendments to the United States Constitution; and5
WHEREAS, the state of Louisiana sees the need for a convention for the purpose of6
proposing amendments to the the United States Constitution in order to address concerns7
raised by the decision of the United States Supreme Court in Citizens United v. Federal8
Election Commission and related cases and events, including those occurring long before or9
afterward, and desires that the convention should be limited to such purposes or substantially10
similar purposes; and11
WHEREAS, the state of Louisiana desires that the delegates to the convention shall12
be comprised equally from individuals currently elected to state and local office or be13
selected by election in each congressional district and that all individuals elected or14
appointed to federal office, now or in the past, be prohibited from serving as delegates to the15
convention, and the state of Louisiana intends to retain the ability to restrict or expand the16
power of its delegates within the limits expressed in this Resolution.17
THEREFORE, BE IT RESOLVED that, pursuant to Article V of the Constitution of18
the United States and effective upon adoption of this Resolution, the Legislature of19
Louisiana does hereby make application to the Congress of the United States to call a20
convention for the specific and exclusive purpose of proposing an amendment or21
amendments to the Constitution of the United States of America, for submission to the states22
for ratification, to address concerns raised by the decision of the United States Supreme23
Court in Citizens United v. Federal Election Commission and related cases and events.24
BE IT FURTHER RESOLVED that this application and request be deemed null and25
void, rescinded, and of no effect if such convention is not limited to such specific and26
exclusive purpose.27
BE IT FURTHER RESOLVED that this application by this legislature constitutes28
a continuing application in accordance with Article V of the Constitution of the United29 HLS 14RS-1280 ORIGINAL
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States until at least a two-thirds of the legislatures of the several states have made application1
for a similar convention pursuant to Article V.2
BE IT FURTHER RESOL VED that the clerk of the Louisiana House of3
Representatives shall transmit copies of this Concurrent Resolution to the president of the4
United States, to the president and the secretary of the United States Senate, to the speaker5
and clerk of the United States House of Representatives, to each member of this state's6
delegation to the congress, and to the presiding officer of each house of each state legislature7
in the United States requesting the cooperation of the several states in applying to congress8
to call a convention for the purpose of proposing amendments pursuant to Article V of the9
United States Constitution for the purpose provided in this Resolution.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richard HCR No. 28
Applies to the U.S. Congress to call a convention, pursuant to Article V of the U.S.
Constitution, for the sole and limited purpose of proposing an amendment or amendments
to the U.S. Constitution to address concerns raised by the decision of the U.S. Supreme
Court in the case of Citizens United v. Federal Election Commission, which removed
restrictions on amounts of independent political spending.
Expresses intent that convention delegates be comprised equally from individuals currently
elected to state and local office, or be selected by election in each congressional district, and
that individuals elected or appointed to federal office, now or in the past, be prohibited from
serving as delegates. Also expresses intent of the state of La. to retain the ability to restrict
or expand the power of its delegates within the limits expressed in the resolution.