Rescinding the 1899 application of the 26th Texas Legislature to the United States Congress to call an unrestricted national convention under Article V of the United States Constitution for proposing undisclosed amendments to that Constitution.
This measure is significant as it aims to clarify Texas's position on the possibility of a national constitutional convention. The current Texas Legislature expresses no desire for Congress to call an open-ended convention, citing the lack of control over what amendments might be proposed. With this resolution, Texas aims to prevent any unintended consequences that could arise from the earlier application, thereby seeking to protect the state's legislative intentions and interests.
HJR144 is a joint resolution introduced in the 84th Texas Legislature that seeks to officially rescind the application made by the 26th Texas Legislature in 1899 for a national convention under Article V of the United States Constitution. The original application was vague and did not set boundaries on the subjects of amendments to be discussed, which has raised concerns among current lawmakers regarding the potential for a future convention that could propose unforeseen amendments to the Constitution.
In summary, HJR144 embodies concerns about governance and the power dynamics between state legislatures and the federal government. By rescinding the 1899 application, Texas legislators are seeking to assert their preference for maintaining state authority over constitutional processes while navigating the complexities of federalism.
One notable point of contention surrounding HJR144 is the legacy of Senate Concurrent Resolution No. 4, which has remained valid since its passage in 1899. Critics may argue that rescinding such historic measures could set a precedent for altering the foundational documents of the state’s legislative history. Moreover, there could be discussions among lawmakers about the implications of this resolution beyond state lines, particularly how it interacts with the federal framework and the potential for stimulating similar actions in other states.