Texas Senate Bill SJR36

Texas 2023 - 88th Regular

• Filed: 1/25/23

Caption

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.

Impact

The passage of SJR36 would directly affect the legislative landscape regarding Texas's involvement in proposing amendments to the U.S. Constitution. By rescinding the automatic rescission, Texas would maintain its ability to engage in discussions around constitutional amendments without the pressure of a time limit. This could potentially set a precedent for other states to follow, as it emphasizes the state's legislative intent to actively pursue amendments regardless of the time since the initial application.

Summary

SJR36 is a joint resolution introduced by Senator Birdwell aimed at rescinding the automatic rescission clause established by a prior resolution, SJR No. 38, which was enacted during the 85th Legislature in 2017. This prior resolution allowed the Texas Legislature's applications for a national convention to propose amendments to the U.S. Constitution to expire automatically after eight years if the convention had not been called. SJR36 seeks to negate this expiration provision, allowing Texas to maintain its applications indefinitely unless it decides otherwise through new legislative action.

Sentiment

The overall sentiment surrounding SJR36 appears to be supportive among those who view it as a necessary measure to preserve Texas's constitutional rights and legislative authority. Advocates for the bill generally argue that it empowers the state to have a more proactive stance in advocating for constitutional changes, while opponents may express concerns about the implications of maintaining an open-ended application process, suggesting it could lead to a destabilized approach to constitutional governance.

Contention

While the resolution is largely framed as a technical adjustment to legislative authority, there are underlying concerns about the broader implications of a national convention. Critics argue that a convention could result in unintended consequences, with the potential to amend foundational aspects of the Constitution that protect individual rights. Thus, debates around SJR36 may reflect deeper ideological divides regarding the role of state versus federal governance and the processes for constitutional amendments.