Minnesota Legislature
HF 1563
as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:43am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1A joint resolution
1.2calling for the Congress of the United States to call an amendment convention
1.3pursuant to Article V of the United States Constitution to propose a constitutional
1.4amendment permitting repeal of any federal law or regulation by vote of two-thirds
1.5of the state legislatures.
1.6WHEREAS, Article I of the United States Constitution begins "All legislative powers
1.7herein granted shall be vested in a Congress"; and
1.8WHEREAS, the Congress has exceeded the legislative powers granted in the Constitution,
1.9thereby encroaching on the powers that are "reserved to the states respectively, or to the people"
1.10as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth
1.11Amendment refers; and
1.12WHEREAS, this encroachment includes the accumulation of federal debt, which combined
1.13with interest represents a future tax, and is of such great proportion that responsibility for its
1.14payment will be passed to future, unborn generations of Americans to assume without their
1.15consent, thereby disparaging their rights; and
1.16WHEREAS, this encroachment also includes compelling state and local governments to
1.17comply with federal laws and regulations without accompanying funding for such mandates; and
1.18WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in reference to Article V
1.19of the Constitution and the calling of a convention for the purpose of proposing amendments
1.20that "We may safely rely on the disposition of the state legislatures to erect barriers against the
1.21encroachments of the national authority"; and
2.1WHEREAS, the Constitution should be amended in order to halt federal encroachment and
2.2restore a proper balance between the powers of Congress and those of the several states, and to
2.3prevent the denial or disparagement of the rights retained by the people; NOW, THEREFORE,
2.4BE IT RESOLVED by the House of Representatives and the Senate of the State of
2.5Minnesota that they hereby apply and make application to the Congress of the United States to
2.6call an amendment convention pursuant to Article V of the United States Constitution for the
2.7limited purpose of proposing a constitutional amendment that permits the repeal of any federal
2.8law or regulation by vote of two-thirds of the state legislatures, and the Minnesota delegation to
2.9such convention, when called, shall propose the following amendment: "Any provision of law
2.10or regulation of the United States may be repealed by the several states, and such repeal shall
2.11be effective when the legislatures of two-thirds of the several states approve resolutions for
2.12this purpose that particularly describe the same provision or provisions of law or regulation
2.13to be repealed"; and
2.14BE IT FURTHER RESOLVED that the State of Minnesota reserves its right to add future
2.15amendments as the legislature deems warranted to this application; and
2.16BE IT FURTHER RESOLVED that delegates to such convention, when called, be selected
2.17according to procedures established by the legislatures of the several states; and
2.18BE IT FURTHER RESOLVED that the Secretary of State of Minnesota is directed to
2.19prepare copies of this resolution and transmit it to the Speaker and the Clerk of the United States
2.20House of Representatives, the President and the Secretary of the United States Senate, the United
2.21States Secretary of State, and Minnesota's Senators and Representatives in Congress.
1.2calling for the Congress of the United States to call an amendment convention
1.3pursuant to Article V of the United States Constitution to propose a constitutional
1.4amendment permitting repeal of any federal law or regulation by vote of two-thirds
1.5of the state legislatures.
1.6WHEREAS, Article I of the United States Constitution begins "All legislative powers
1.7herein granted shall be vested in a Congress"; and
1.8WHEREAS, the Congress has exceeded the legislative powers granted in the Constitution,
1.9thereby encroaching on the powers that are "reserved to the states respectively, or to the people"
1.10as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth
1.11Amendment refers; and
1.12WHEREAS, this encroachment includes the accumulation of federal debt, which combined
1.13with interest represents a future tax, and is of such great proportion that responsibility for its
1.14payment will be passed to future, unborn generations of Americans to assume without their
1.15consent, thereby disparaging their rights; and
1.16WHEREAS, this encroachment also includes compelling state and local governments to
1.17comply with federal laws and regulations without accompanying funding for such mandates; and
1.18WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in reference to Article V
1.19of the Constitution and the calling of a convention for the purpose of proposing amendments
1.20that "We may safely rely on the disposition of the state legislatures to erect barriers against the
1.21encroachments of the national authority"; and
2.1WHEREAS, the Constitution should be amended in order to halt federal encroachment and
2.2restore a proper balance between the powers of Congress and those of the several states, and to
2.3prevent the denial or disparagement of the rights retained by the people; NOW, THEREFORE,
2.4BE IT RESOLVED by the House of Representatives and the Senate of the State of
2.5Minnesota that they hereby apply and make application to the Congress of the United States to
2.6call an amendment convention pursuant to Article V of the United States Constitution for the
2.7limited purpose of proposing a constitutional amendment that permits the repeal of any federal
2.8law or regulation by vote of two-thirds of the state legislatures, and the Minnesota delegation to
2.9such convention, when called, shall propose the following amendment: "Any provision of law
2.10or regulation of the United States may be repealed by the several states, and such repeal shall
2.11be effective when the legislatures of two-thirds of the several states approve resolutions for
2.12this purpose that particularly describe the same provision or provisions of law or regulation
2.13to be repealed"; and
2.14BE IT FURTHER RESOLVED that the State of Minnesota reserves its right to add future
2.15amendments as the legislature deems warranted to this application; and
2.16BE IT FURTHER RESOLVED that delegates to such convention, when called, be selected
2.17according to procedures established by the legislatures of the several states; and
2.18BE IT FURTHER RESOLVED that the Secretary of State of Minnesota is directed to
2.19prepare copies of this resolution and transmit it to the Speaker and the Clerk of the United States
2.20House of Representatives, the President and the Secretary of the United States Senate, the United
2.21States Secretary of State, and Minnesota's Senators and Representatives in Congress.