Texas Senate Bill SJR38

Texas 2017 - 85th Regular

Caption

Rescinding certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that Constitution.

Impact

The resolution directly impacts the legislative power of the Texas Legislature by nullifying any past applications for a national convention. It demonstrates an intent to limit the possibility of a constitutional convention occurring without the explicit, renewed agreement of current legislators. Additionally, the resolution establishes a policy that any future applications made by the Texas Legislature for such a convention would automatically be rescinded if the convention is not called within eight years after the last legislative vote on the application.

Summary

SJR38 is a joint resolution from the Texas Legislature that formally rescinds previous applications made by Texas lawmakers to the United States Congress for calling a national convention under Article V of the U.S. Constitution. These applications were aimed at proposing various amendments to the Constitution, but have remained valid until rescinded. The bill emphasizes the potential risks associated with holding a national convention, particularly regarding the amendments that could be proposed, which may not align with current legislative intentions or public interests.

Sentiment

The general sentiment surrounding SJR38 leans towards caution about the implications of a national convention. Supporters argue that rescinding these previous applications safeguards the state from potential amendments that could be detrimental or misaligned with Texan values. Conversely, there may be concerns about whether the resolution might hinder beneficial constitutional reforms that could be proposed at a national level.

Contention

Notable points of contention surrounding SJR38 arise from the division between legislators who are apprehensive about the unpredictability of a national convention and those who believe in the necessity of constitutional reform through such a convention. The debate highlights differing philosophies on state versus federal authority and the appropriate channels for constitutional amendments, revealing a significant tension within the legislature about how best to approach potential changes to the governing document of the United States.