Calls for an Article V convention of states to propose an amendment to the United States Constitution to authorize the several states to repeal certain federal actions
Impact
If enacted, SCR21 could significantly influence the dynamics of state-federal relations. By empowering state legislatures to repeal federal actions with a two-thirds majority, the proposed amendment could lead to greater autonomy and legislative independence at the state level. Proponents believe this shift will restore state sovereignty and challenge increasingly pervasive federal overreach. However, critics could argue that this may usher in a scenario where consistent legal standards across the country are undermined, potentially leading to a fragmented regulatory landscape.
Summary
Senate Concurrent Resolution No. 21 (SCR21) proposes applying to Congress for the calling of an Article V convention of states. This motion is aimed at creating an amendment to the United States Constitution that would grant states the authority to repeal certain federal rules, regulations, statutes, or court rulings. The resolution stresses that Congress has exceeded its legislative powers, thereby justifying the need for states to regain control over specific federal actions that they view as unconstitutional overreach. This initiative forms part of a broader concern about the balance of power between the federal government and the states.
Contention
The bill highlights a fundamental contention regarding the authority of states versus federal power. On one side, supporters assert that state sovereignty needs to be protected against federal encroachments, arguing that states are better positioned to understand and address the needs of their citizens. Critics, however, may express concerns about the implications of allowing states to override federal regulations, particularly in areas of health, safety, and civil rights. This contentious issue is further underscored by discussions surrounding the constitutionality and practicalities of amending the Constitution in this manner, as well as the potential for political misuse.
Additional_notes
SCR21 specifies that the application to Congress does not confer additional powers on Congress beyond calling for the convention. Furthermore, it asserts that Congress cannot dictate the number of delegates or the rules for such a convention, reinforcing the principle that states retain control over their representation and decisions in this process.
Applying to Congress to call a convention to propose an amendment to the United States Constitution to permit the repeal of federal law by two-thirds of the legislatures of the several states.
Urging And Applying To The Congress Of The United States Under The Provisions Of Article V Of The Constitution Of The United States For The Calling Of A Convention Of The States, Limited To Proposing Amendments To The Constitution Of The United States That Limit The Terms Of Office For Officials Of The Federal Government And Members Of Congress.
Urging And Applying To The Congress Of The United States Under The Provisions Of Article V Of The Constitution Of The United States For The Calling Of A Convention Of The States, Limited To Proposing Amendments To The Constitution Of The United States That Limit The Terms Of Office For Officials Of The Federal Government And Members Of Congress.
Urging And Applying To The Congress Of The United States Under The Provisions Of Article V Of The Constitution Of The United States For The Calling Of A Convention Of The States, Limited To Proposing Amendments To The Constitution Of The United States That Limit The Terms Of Office For Officials Of The Federal Government And Members Of Congress.
Urges Congress to provide for joint session at Independence Hall in Philadelphia, Pennsylvania, in honor of semiquincentennial of Declaration of Independence.
Removal of the Highway Plan and Building Restriction Line from Lot 9 in Square 5914 along the West Side of Congress Street, S.E., S.O. 22-01642, Act of 2024
Urging the Congress of the United States to propose and submit to the states for ratification a federal balanced budget amendment to the Constitution of the United States and, in the event that Congress does not submit such an amendment on or before December 31, 2011, applying to Congress to call a convention for the specific and exclusive purpose of proposing an amendment to that constitution to provide, in the absence of a national emergency and on a two-thirds vote of Congress, for a federal balanced budget and requesting that the legislatures of each of the several states that compose the United States apply to Congress to call a convention to propose such an amendment.
A resolution recognizing the expiration of the Equal Rights Amendment proposed by Congress in March 1972, and observing that Congress has no authority to modify a resolution proposing a constitutional amendment after the amendment has been submitted to the States or after the amendment has expired.