PRINTER'S NO. 1009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.125
Session of
2025
INTRODUCED BY ROAE, BURNS, BARGER, BERNSTINE, KAUFFMAN,
M. MACKENZIE, SMITH, STAMBAUGH, SCHMITT, WALSH, RYNCAVAGE,
FINK, BONNER, CUTLER, ANDERSON AND STENDER, MARCH 17, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2025
A CONCURRENT RESOLUTION
Petitioning the Congress of the United States to call a
Convention for proposing amendments pursuant to Article V of
the Constitution of the United States limited to proposing
amendments that impose fiscal restraints on the Federal
Government, limit the power and jurisdiction of the Federal
Government and limit the terms of office for its officials
and for members of Congress.
WHEREAS, The Founders of the Constitution of Pennsylvania
empowered State legislators to be guardians of liberty against
future abuses of power by the Federal Government; and
WHEREAS, The Federal Government has created a crushing
national debt through improper and imprudent spending; and
WHEREAS, The Federal Government has invaded the legitimate
roles of the states through the manipulative process of Federal
mandates, most of which are unfunded to a great extent; and
WHEREAS, The Federal Government has ceased to operate under a
proper interpretation of the Constitution of the United States;
and
WHEREAS, It is the solemn duty of the states to protect the
liberty of our people, especially for future generations, by
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20 proposing amendments to the Constitution of the United States
through a Convention under Article V for the purpose of
restraining these and related abuses of power; therefore be it
RESOLVED (the Senate concurring), That the General Assembly
of the Commonwealth of Pennsylvania hereby apply to Congress
under the provisions of Article V of the Constitution of the
United States, for the calling of a Convention limited to
proposing amendments to the Constitution of the United States
that impose fiscal restraints on the Federal Government, limit
the power and jurisdiction of the Federal Government and limit
the terms of office for its officials and for members of
Congress; and be it further
RESOLVED, That the General Assembly of the Commonwealth of
Pennsylvania adopt this application expressly subject to the
following reservations, understandings and declarations:
(1) An application to Congress for an Article V
Convention confers no power on Congress other than to perform
a ministerial function to call a Convention.
(2) The ministerial duty under paragraph (1) shall be
performed by Congress only when Article V applications for
substantially the same purpose are received from two-thirds
of the legislatures of the several states.
(3) The power of Congress to call a Convention consists
solely of the authority to name a reasonable time and place
for the initial meeting of the Convention.
(4) Congress possesses no power to name delegates to the
Convention, as this power remains exclusively within the
authority of the legislatures of the several states.
(5) Congress possesses no power to set the number of
delegates to be sent by any state.
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30 (6) Congress possesses no power to determine any rules
for the Convention.
(7) According to the universal historical precedent of
interstate Conventions in America, states meet under
conditions of equal sovereignty, which means one state, one
vote.
(8) A Convention convened pursuant to this application
is limited to consideration of topics solely specified in
this resolution.
(9) This application is made with the express
understanding that no amendment which in any way seeks to
amend, modify or repeal any provision of the Bill of Rights
of the Constitution of the United States is authorized for
consideration.
(10) The General Assembly of the Commonwealth may
provide further instructions to its delegates.
(11) The General Assembly of the Commonwealth may recall
its delegates at any time for breach of their duties or
violation of their instructions.
(12) Under Article V, Congress may determine whether
proposed amendments shall be ratified by the legislatures of
the several states or by special state ratification
Conventions;
and be it further
RESOLVED, That the General Assembly of the Commonwealth of
Pennsylvania recommend that Congress choose ratification by
state legislatures; and be it further
RESOLVED, That the General Assembly of the Commonwealth of
Pennsylvania appoint five delegates to any Convention called
pursuant to this application in accordance with the following:
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30 (1) That the Senate shall choose two delegates. The
House of Representatives shall choose two delegates. Each
chamber shall nominate two additional persons to serve as
alternates. The President pro tempore of the Senate and the
Speaker of the House of Representatives shall jointly choose
the fifth delegate from the list of nominated alternates.
(2) That the President pro tempore of the Senate and the
Speaker of the House of Representatives shall each nominate
five persons to serve as delegates. Each legislator may cast
a vote for not more than two persons on their respective
slate. The two candidates getting the most votes are the
Convention delegates appointed by each respective chamber.
The two candidates getting the next highest number of votes
are appointed as alternate delegates.
(3) That neither the Governor nor any current member of
the Congress of the United States nor any sitting judge of
any court be appointed as a delegate of the Commonwealth.
(4) That travel and per diem expenses of each delegate
of the Commonwealth be paid by the Commonwealth on the same
basis as the reimbursement for such costs when members of the
General Assembly travel on official business of the
Commonwealth.
(5) That any delegate or alternate of the Commonwealth
who receives and accepts any item of value, excluding
educational materials, from any person or entity in any
connection with his or her service be immediately
disqualified and shall be replaced by an alternate
immediately.
(6) That each delegate of the Commonwealth take the
following oath on penalty of perjury:
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30 "I promise to faithfully conduct my duties as a delegate
from Pennsylvania to the Convention. I will obey all
instructions received with my commission. Specifically, I
will not support, but will affirmatively oppose, any proposal
that goes outside the subject matter specified therein. I
further agree to immediately notify the President pro tempore
of the Senate and the Speaker of the House of Representatives
if I believe that any Pennsylvania delegate or alternate
delegate has violated his or her oath or instructions while
participating in the Convention. I realize that I can and
will be immediately removed from my position if I violate
this oath and that I will be required to reimburse the
Commonwealth of Pennsylvania for all expenses paid to me as a
delegate. I realize also that I may be punished for contempt
by the General Assembly for failing to adhere to this oath."
(7) That prior to the Convention, the General Assembly
of the Commonwealth may by concurrent resolution provide
further instructions to the delegates of the Commonwealth
selected pursuant to this section regarding the scope of
matters that they may consider and vote on at the Convention,
including rules of procedure and proposed amendments. Such
instructions may be changed by the General Assembly prior to
or during the course of the Convention. These instructions
may include:
(i) an instruction that the Pennsylvania delegates
may not support any voting rule other than the default
rule whereby each state exercises one vote; and
(ii) an instruction that on all voting matters at
the Convention, the decision of a simple majority of the
delegates of the Commonwealth shall constitute a single
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30 vote for Pennsylvania.
(8) That after delegates of the Commonwealth have been
selected, the General Assembly of the Commonwealth by
concurrent resolution recall delegates or alternates to the
Convention or appoint new delegates or alternates.
(9) That, if the General Assembly of the Commonwealth is
not in session, delegates of the Commonwealth be suspended
pending a concurrent resolution by a joint legislative
committee duly authorized by the General Assembly for that
purpose. This joint legislative committee shall be authorized
to conduct its business via telephone or other means of real-
time electronic communication.
(10) A delegate who is recalled, disqualified or
otherwise unable to perform his or her duties shall be
immediately replaced by one of the alternates, as directed by
the concurrent resolution or duly authorized joint
legislative committee.
(11) That any vote cast by a delegate of the
Commonwealth or an alternate delegate at an Article V
Convention that is outside the scope of the following be
void:
(i) the instructions established by a concurrent
resolution adopted under this section; and
(ii) the limits placed by the General Assembly of
the Commonwealth in a concurrent resolution that calls
for an Article V Convention for the purpose of proposing
amendments to the Constitution of the United States on
the subjects and amendments that may be considered by the
Article V Convention or, if Pennsylvania was not one of
the states applying for an Article V Convention, the
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30 limits contained in the narrowest state resolution
applying for the Article V Convention;
and be it further
RESOLVED, That this resolution constitute a continuing
application in accordance with Article V of the Constitution of
the United States until at least two-thirds of the legislatures
of the several states have made application for a Convention on
the same subject; and be it further
RESOLVED, That a certified copy of this resolution be
transmitted by the Secretary of the Commonwealth of Pennsylvania
to the President of the United States Senate, the Speaker of the
United States House of Representatives, each member of Congress
from Pennsylvania and to the presiding officers of each house of
the state legislatures requesting their cooperation in applying
for a Convention limited to the subject matter contemplated by
this application.
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