HOUSE CONCURRENT RESOLUTION 75
(By Delegates Funkhouser, Ridenour, and Linville)
[March 4, 2025; Referred to the committee on the Judiciary then Rules ]
Applying to and urging Congress to call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States to repeal to repeal the Sixteenth Amendment to the United States Constitution authorizing Congress to lay and collect taxes on income.
Whereas, Article V of the Constitution of the United States mandates that Congress "…on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution"; and
Whereas, The Legislature of West Virginia hereby makes an application to Congress, as provided by Article V of the Constitution of the United States, to call a convention limited to proposing an amendment to the Constitution of the United States to repeal the Sixteenth Amendment to the United States Constitution authorizing Congress to lay and collect taxes on income; and
Whereas, This application shall be considered as covering the same subject matter as the applications from other states to Congress to call a convention to repeal the Sixteenth Amendment to the United States Congress; and this application shall be aggregated with same for the purpose of attaining the two thirds of states necessary to require Congress to call a limited convention on this subject, but shall not be aggregated with any other applications on any other subject; and
Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two thirds of the several states have made applications on the same subject; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States to call a convention to repeal the Sixteenth Amendment to the Constitution of the United States that authorizes Congress to lay and collect taxes on income and, be it
Further Resolved, That the State of West Virginia, together with other states, commence federal court action to force the Congress of the United States to do their duty under the Constitution and call a convention of states for proposing amendments to the Constitution of the United States; and, be it
Further Resolved, That the Clerk of the House forward copies of this resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and the members of the United States Senate and the United States House of Representatives of the State of West Virginia, and to the presiding officers of each of the legislative houses in the several States, requesting their cooperation in this endeavor.
NOTE: The purpose of this resolution is to apply to and urge Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States to repeal the Sixteenth Amendment to the United States Constitution authorizing Congress to lay and collect taxes on income.