California Legislature—2015–16 Regular Session

Assembly Joint Resolution No. 10

Introduced by Assembly Member Grove

February 27, 2015

Assembly Joint Resolution No. 10—Relative to a federal constitutional convention.

LEGISLATIVE COUNSEL’S DIGEST

AJR 10, as introduced, Grove. Federal constitutional convention: application.

This measure would constitute an application to the United States Congress to call a constitutional convention pursuant to Article V of the United States Constitution limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government and limit the power and jurisdiction of the federal government.

This measure would constitute a continuing application for such convention until the legislatures of 2/3 of the states have made applications on the same subject and the convention has been called by the Congress of the United States.

Fiscal committee: no.

WHEREAS, The Founders of the United States Constitution
empowered state legislators to be guardians of liberty against
excessive use of power by the federal government; and

WHEREAS, The federal government has created a mounting
national debt exceeding $17 trillion through improper and
imprudent spending; and

WHEREAS, The federal government has usurped the legitimate
roles of the states through unfunded federal mandates; and

WHEREAS, The federal government has ceased to operate
under a proper interpretation of the Tenth Amendment to the United
States Constitution; and

WHEREAS, It is the solemn duty of the states to protect the
liberty of our people, particularly for the generations to come, by
proposing amendments to the United States Constitution through
a convention of the states under Article V to place clear restraints
on these and related excessive uses of power; now, therefore, be
it

Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
hereby make application to the Congress of the United States to
call an amendment convention pursuant to Article V of the United
States Constitution limited to proposing amendments to the United
States Constitution that impose fiscal restraints on the federal
government and limit the power and jurisdiction of the federal
government; and, be it further

Resolved, That pursuant to Article V of the Constitution of the
United States, the Legislature of the State of California joins in
the application of the states of Georgia (SR 736 (2014)), Florida
(SM 476 (2014)), and Alaska (HJR 22 (2014)) for a convention
for the sole and exclusive purpose of proposing amendments to
the Constitution of the United States limited to the purposes stated
therein, provided, however, that the delegates from California to
said convention are expressly limited to consideration and support
for amendments that impose fiscal restraints on the federal
government, and which limit the power and jurisdiction of the
federal government. It is the express intention of this Legislature
that this application shall be aggregated with the subsequent
applications of other states limited to the purposes identified in
this application or those of the states named above; and, be it
further

Resolved, That the other states be encouraged to make similar
applications for an amendment convention pursuant to Article V
of the United States Constitution; and, be it further

Resolved, That this application shall constitute a continuing
application for such amendment convention pursuant to Article V
of the United States Constitution until the legislatures of two-thirds
of the states have made applications on the same subject and such
convention has been called by the Congress of the United States;
and, be it further

Resolved, that the Legislature of California adopt this application
with the following understandings (as the term “understandings”
is used within the context of “reservations, understandings, and
declarations”):

1. An application to Congress for an Article V convention
confers no power on Congress other than to perform a ministerial
function to “call” a convention;

2. This ministerial duty shall be performed by Congress only
when Article V applications for substantially the same purpose
are received from two-thirds of the legislatures of the several states;

3. The power of Congress to “call” a convention solely consists
of the authority to name a reasonable time and place for the initial
meeting of the Convention;

4. Congress possesses no power whatsoever to name delegates
to said convention, as this power remains exclusively within the
authority of the legislatures of the several states;

5. Congress possesses no power to set the number of delegates
to be sent by any state;

6. Congress possesses no power whatsoever to determine any
rules for said convention;

7. By definition, a convention of states means that states vote
on the basis of one state, one vote;

8. A convention of states convened pursuant to this application
is limited to consideration of topics specified herein and no other;

9. The Legislature of California may provide instructions to its
delegates (commissioners);

10. The Legislature of California may recall its delegates at any
time for breach of their duties or violation of their instructions;

11. Pursuant to the text of Article V, Congress may determine
whether proposed amendments shall be ratified by the legislatures
of the several states or by special state ratification conventions;
the Legislature of California recommends that Congress specify
its choice of ratification methodology contemporaneously with
the call for the convention;

12. Congress possesses no power whatsoever with regard to the
Article V convention beyond the two powers acknowledged herein;
and

13. The Legislature of California places express reliance on
prior legal and judicial determinations that Congress possesses no
power under Article I of the United States Constitution relative to
the Article V process and that Congress must act only as expressly
specified in Article V; and, be it further

Resolved,That the Chief Clerk of the Assembly transmit copies
of this resolution to the President of the United States, the Speaker
and the Clerk of the United States House of Representatives, the
President and the Secretary of the United States Senate, each
member of the California Congressional Delegation, and the
legislatures of each of the several states, attesting the adoption of
this resolution by the Legislature of California.