1 | 1 | | 85R6708 E |
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2 | 2 | | By: Klick H.J.R. No. 77 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | rescinding the 1899 application of the 26th Texas Legislature to |
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7 | 7 | | the United States Congress to call an unrestricted national |
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8 | 8 | | convention under Article V of the United States Constitution for |
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9 | 9 | | proposing undisclosed amendments to that Constitution. |
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10 | 10 | | WHEREAS, In adopting Senate Concurrent Resolution No. 4, the |
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11 | 11 | | 26th Texas Legislature, in the year 1899, applied to the United |
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12 | 12 | | States Congress to call a convention, under the terms of Article V |
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13 | 13 | | of the United States Constitution, ". . . for proposing amendments |
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14 | 14 | | to said Constitution . . ." that would be subject to potential |
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15 | 15 | | ratification; and |
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16 | 16 | | WHEREAS, That particular application--unlike subsequent and |
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17 | 17 | | more detailed applications from Texas lawmakers--did not prescribe |
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18 | 18 | | any boundaries on the subject matter of amendments to be discussed |
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19 | 19 | | or ultimately offered for ratification by such a nationwide |
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20 | 20 | | convention; and |
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21 | 21 | | WHEREAS, While indeed no Article V amendatory convention has |
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22 | 22 | | yet taken place thus far in American history, nevertheless, there |
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23 | 23 | | is a very real possibility that one, or more than one, could be |
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24 | 24 | | triggered at some point in the future--the precise results of which |
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25 | 25 | | cannot be predicted or contrived in advance; and |
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26 | 26 | | WHEREAS, At the present time, the Texas Legislature has |
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27 | 27 | | absolutely no desire or intention whatsoever for Congress to call |
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28 | 28 | | an Article V amendatory convention of a general, vague, and |
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29 | 29 | | unlimited nature; and |
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30 | 30 | | WHEREAS, Senate Concurrent Resolution No. 4 remains just as |
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31 | 31 | | alive and valid today as it was when it was approved by Texas |
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32 | 32 | | legislators 118 years ago; now, therefore, be it |
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33 | 33 | | RESOLVED, That the 85th Legislature of the State of Texas, |
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34 | 34 | | Regular Session, 2017, hereby officially rescinds, repeals, |
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35 | 35 | | revokes, and nullifies Senate Concurrent Resolution No. 4, Acts of |
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36 | 36 | | the 26th Legislature, Regular Session, 1899, calling for an |
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37 | 37 | | open-ended, unclear, and indeterminate Article V amendatory |
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38 | 38 | | convention to propose for ratification unspecified federal |
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39 | 39 | | constitutional amendments, which application was duly received by |
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40 | 40 | | Congress, and reprinted word for word in the Congressional Record |
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41 | 41 | | of December 11, 1899, at page 219, and which application was |
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42 | 42 | | referred to the Committee on the Judiciary in the United States |
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43 | 43 | | House of Representatives the very next day (Congressional Record at |
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44 | 44 | | page 280); and, be it further |
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45 | 45 | | RESOLVED, That, in a manner which would furnish confirmation |
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46 | 46 | | of delivery and tracking while en route, the Texas secretary of |
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47 | 47 | | state shall transmit properly certified copies of this joint |
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48 | 48 | | resolution of rescission--together with copies of Senate |
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49 | 49 | | Concurrent Resolution No. 4--pursuant to the Standing Rules of the |
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50 | 50 | | United States Senate (namely, Rule VII, paragraphs 4, 5, and 6), to |
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51 | 51 | | the vice president of the United States (in his capacity as |
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52 | 52 | | presiding officer of the United States Senate and addressed to him |
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53 | 53 | | at the office which he maintains inside the United States Capitol |
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54 | 54 | | Building); to the secretary and parliamentarian of the United |
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55 | 55 | | States Senate; and to both United States senators representing |
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56 | 56 | | Texas; accompanied by a cover letter to each addressee drawing |
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57 | 57 | | attention to the fact that it is the 85th Texas Legislature's |
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58 | 58 | | courteous, yet firm, request that the full and complete verbatim |
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59 | 59 | | text of this joint resolution--as well as the full and complete |
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60 | 60 | | verbatim text of Senate Concurrent Resolution No. 4--be duly |
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61 | 61 | | published in the United States Senate's portion of the |
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62 | 62 | | Congressional Record as an official memorial to the United States |
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63 | 63 | | Senate, and that this joint resolution--with Senate Concurrent |
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64 | 64 | | Resolution No. 4 appended thereto--be referred to whichever |
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65 | 65 | | committee or committees of the United States Senate that would have |
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66 | 66 | | appropriate jurisdiction in this matter; and, be it further |
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67 | 67 | | RESOLVED, That, in a manner which would furnish confirmation |
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68 | 68 | | of delivery and tracking while en route, the Texas secretary of |
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69 | 69 | | state shall likewise transmit properly certified copies of this |
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70 | 70 | | joint resolution of rescission--together with copies of Senate |
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71 | 71 | | Concurrent Resolution No. 4--pursuant to the Rules of the United |
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72 | 72 | | States House of Representatives (namely, Rule XII, clauses 3 and |
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73 | 73 | | 7), to the speaker, clerk, and parliamentarian of the United States |
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74 | 74 | | House of Representatives; and to all members of the United States |
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75 | 75 | | House of Representatives who represent districts in Texas; likewise |
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76 | 76 | | accompanied by a cover letter to each addressee drawing attention |
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77 | 77 | | to the fact that it is the 85th Texas Legislature's courteous, yet |
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78 | 78 | | firm, request that the substance of this joint resolution--as well |
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79 | 79 | | as that of Senate Concurrent Resolution No. 4--be accurately |
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80 | 80 | | summarized in the United States House of Representatives' portion |
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81 | 81 | | of the Congressional Record as an official memorial to the United |
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82 | 82 | | States House of Representatives, and that this joint |
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83 | 83 | | resolution--with Senate Concurrent Resolution No. 4 appended |
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84 | 84 | | thereto--be referred to whichever committee or committees of the |
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85 | 85 | | United States House of Representatives that would have appropriate |
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86 | 86 | | jurisdiction in this matter. |
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