MS
Mississippi House Bill HC36

Mississippi 2022 Regular Session

Mississippi House Bill HC36

Introduced
1/17/22  
Refer
1/17/22  

Caption

Congress; urge to call convention of the states under Article V of the U.S. Constitution to propose amendments limited to requiring the U.S. Supreme Court be composed of 9 justices.

Impact

If HC36 were to progress successfully through the state applications, it could serve as a significant mechanism for influencing the judiciary’s structure, impacting federal composition through an amendment process. This could contribute to broader discussions about the role of the judiciary in democratic governance, specifically reflecting on ongoing debates about judicial activism and conservatism in the Supreme Court. Should enough states converge on this application, it might prompt a reevaluation of how justices are selected or retained, as well as potentially impacting the judicial philosophy embraced by the courts.

Summary

House Concurrent Resolution 36 (HC36) advocates for a convention of states to propose a constitutional amendment affirming that the U.S. Supreme Court should be composed of nine justices. This resolution is rooted in Article V of the U.S. Constitution, which mandates that if two-thirds of the state legislatures apply for it, Congress must call for such a convention. The Mississippi Legislature believes that specifying the number of justices is a necessary measure, responding to evolving discussions about court composition during politically contentious times. The resolution indicates a desire to clarify and solidify the structure of the judiciary at a federal level.

Contention

The committee discussions surrounding HC36 addressed various viewpoints regarding state influence over the federal judiciary. Proponents argue that securing a fixed number of justices serves to protect the integrity and consistency of the Supreme Court, believing that changes in the composition could undermine judicial independence. Conversely, opponents raise concerns that such a measure might foster a judicial system less adaptable to necessary reforms and hinder responses to future societal needs. This dichotomy reflects ongoing tensions between state control versus federal governance in judicial matters, making the resolution a focal point for debate on states' roles in shaping national law.

Companion Bills

No companion bills found.

Previously Filed As

MS HJR45

Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution to limit the number of justices of the United States Supreme Court to nine.

MS SCR196

Applying To The United States Congress To Call An Article V Convention To Propose Certain Limited Amendments To The United States Constitution.

MS SCR140

Applying To The United States Congress To Call An Article V Convention To Propose Certain Limited Amendments To The United States Constitution.

MS SR168

Applying To The United States Congress To Call An Article V Convention To Propose Certain Limited Amendments To The United States Constitution.

MS SR158

Applying To The United States Congress To Call An Article V Convention To Propose Certain Limited Amendments To The United States Constitution.

MS SP0010

JOINT RESOLUTION MAKING SEPARATE APPLICATIONS TO THE CONGRESS OF THE UNITED STATES CALLING ARTICLE V CONVENTIONS TO PROPOSE AMENDMENTS ESTABLISHING TERM LIMITS FOR MEMBERS OF CONGRESS AND TERM LIMITS FOR JUSTICES OF THE UNITED STATES SUPREME COURT

MS HCR101

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.

MS HR97

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.

MS HR15

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.

MS HCR15

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.

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