ASSEMBLY CONCURRENT RESOLUTION No. 39
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman FARRAGHER and Assemblyman GREGG
A Concurrent Resolution memorializing the Congress of the United States to propose, and other State legislatures to support, an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to a congressional veto.
Whereas, All 33 amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and
Whereas, More than 400 petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and
Whereas, There should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a constitutional convention has proved to be unworkable; and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and
Whereas, An Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of The Council of State Governments an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and
Whereas, The gist of the task force's proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and
Whereas, This proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Legislature of this State respectfully memorializes the Congress of the United States to propose an amendment to Article V which in essence provides that:
Whenever three-fourths of the Legislatures of the several states deem it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period.
2. The Legislature of this State urges the legislatures of the several states to similarly apply to Congress for the proposal of the aforesaid amendment to the Constitution of the United States.
3. A duly authenticated copy of this resolution, signed by the President of the Senate and the Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly shall be forwarded to the President of the United States Senate and the Speaker of the House of Representatives of the United States, every member of Congress elected from this State and to the legislatures of each of the several states.
STATEMENT
This concurrent resolution memorializes the Congress of the United States to propose an amendment to the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to a congressional veto. It also urges the legislatures of the several states to support such a proposed constitutional amendment.
Memorializes Congress to propose amendment to U.S. Constitution enabling three-fourths of states to amend Constitution subject to congressional veto; urges other state legislatures to support proposal.