Rescinding the automatic rescission of 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.
The passage of HJR35 would allow Texas to maintain potential applications to call for a national convention to propose amendments to the Constitution indefinitely, unless explicitly withdrawn by future legislative action. This change could lead to significant implications for the state’s role in national constitutional discussions and debates, potentially affecting a wide range of governance issues. By rescinding the automatic rescission provision, Texas would position itself as an active participant in the constitutional amendment process, opening up the possibility for various proposals that could impact state and federal laws.
HJR35 is a joint resolution introduced in the Texas Legislature, which aims to rescind the automatic rescission of applications made by previous legislatures to the United States Congress for calling a national convention under Article V of the United States Constitution. This convention would be aimed at proposing amendments to the Constitution. The resolution effectively nullifies a provision established by S.J.R. No. 38 enacted in 2017, which stated that any application submitted after the 85th Legislature would automatically be invalidated eight years after the last legislative vote on the application.
The sentiment around HJR35 appears to be mixed among lawmakers and constituents. Supporters argue that rescinding the automatic rescission is a necessary step for legislative sovereignty and empowering Texas to engage in discussions about significant constitutional amendments. They may feel that this aligns with broader calls for reform at the federal level. Conversely, critics are likely to express concerns about the potential consequences of a national convention, including the risks of unintended amendments that could undermine current protections at both state and federal levels.
One of the notable points of contention surrounding HJR35 involves the concerns raised about the potential for a national convention to lead to significant and irreversible changes to the U.S. Constitution. Detractors argue that this could result in amendments that may not reflect the will of a majority of Americans or that could detract from existing rights and liberties. The debate encapsulates a deep tension between those advocating for reform and those wary of the risks associated with opening up the Constitution to amendments proposed through a national convention.
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