Texas Senate Bill SJR41

Texas 2025 - 89th Regular

• Filed: 1/22/25

Caption

Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

Impact

The passage of SJR41 could significantly alter how Texas engages with the process of constitutional amendments at the federal level. By removing the automatic rescission clause, the resolution allows previous applications to remain valid indefinitely, which could lead to an accumulation of requests over time. This change may empower the Texas Legislature and its ongoing objectives in amendments it deems necessary, potentially affecting how the U.S. Constitution is amended in response to state requests.

Summary

SJR41 is a joint resolution proposed in the Texas Legislature aimed at rescinding the automatic rescission of applications made by the Texas Legislature to the United States Congress for convening a national convention under Article V of the United States Constitution. This proposal seeks to reverse the provisions established by SJR38 in 2017, which automatically nullified any application for such a convention if it was not acted upon within eight years from the last vote taken on the application. By reinstating these applications, SJR41 provides a pathway for Texas to bring together a constitutional convention for proposing amendments to the U.S. Constitution.

Contention

Notably, the resolution raises points of contention concerning the implications of calling a national convention. Critics may express concern about the risks associated with such conventions, as they could lead to drastic changes in the Constitution without sufficient oversight. Proponents, however, argue that such conventions are necessary for addressing contemporary issues that the current Constitution does not adequately cover. The debate around SJR41 is emblematic of broader discussions regarding state versus federal authority and the process of constitutional change in America.