1999 State of Wyoming 99LSO-0028
SENATE JOINT RESOLUTION NO. SJ0002
U.S. constitutional convention-repeal.
Sponsored by: Senator(s) Erb, Barton, Harris, Job, Miller,
Roberts and Schiffer and Representative(s)
Anderson, R., Baker, Burns, Deegan,
Hessenthaler, Hines and Tomassi
A Bill
for
1
2 A JOINT RESOLUTION to repeal requests made to Congress to
3 call a convention for the purpose of proposing amendments to
4 the Constitution of the United States.
5
6 WHEREAS, on February 23, 1939, the Wyoming Legislature
7 approved Enrolled Joint Memorial No. 4 requesting Congress
8 to call a Constitutional Convention to propose an amendment
9 to the United States Constitution to provide limitations on
10 taxes on incomes, gifts and inheritances and to repeal the
11 Sixteenth Amendment to the United States Constitution;
12
13 WHEREAS, on February 26, 1959, the Wyoming Legislature
14 approved Enrolled Joint Resolution No. 2 requesting Congress
15 to approve and submit to the states for ratification, or to
16 call a Constitutional Convention to propose an amendment to
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1 the United States Constitution to abolish personal income,
2 estate and gift taxes and to prohibit the federal government
3 from engaging in business in competition with its citizens;
4
5 WHEREAS, on February 21, 1961, the Wyoming Legislature
6 approved House Joint Resolution No. 7 requesting Congress to
7 call a Constitutional Convention to propose an amendment to
8 the United States Constitution to provide that the federal
9 government during any fiscal year may not exceed the
10 estimated receipts of the federal government for that fiscal
11 year, except for trust fund expenditures and receipts,
12 unless a substantial majority of the Congress, on
13 recommendation of the President and because of war or other
14 grave national emergency, votes to suspend the limitation on
15 expenditures for a specified period of time;
16
17 WHEREAS, on February 9, 1963, the Wyoming Legislature
18 approved House Joint Memorial No. 13 requesting Congress to
19 call a Constitutional Convention to propose an amendment to
20 the United States Constitution to prohibit the federal
21 government from restricting or limiting, through legislative
22 or judicial action, any state in the apportionment of the
23 representation of its legislature;
24
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1 WHEREAS, on February 14, 1963, the Wyoming Legislature
2 approved Senate Joint Resolution No. 4 requesting Congress
3 to call a Constitutional Convention to propose an amendment
4 to the United States Constitution to provide for a Court of
5 the Union;
6
7 WHEREAS, on February 15, 1963, the Wyoming Legislature
8 approved House Joint Memorial No. 14 requesting Congress to
9 call a Constitutional Convention to propose an amendment to
10 Article V of the United States Constitution which would
11 provide a change in the procedure for proposing a
12 constitutional amendment to the United States Constitution;
13
14 WHEREAS, on February 14, 1975, the Wyoming Legislature
15 approved House Joint Resolution No. 4 requesting Congress to
16 call a Constitutional Convention to propose an amendment to
17 the United States Constitution to prohibit Congress, the
18 President or any agency of the federal government from
19 withholding or withdrawing federal funds as a means of
20 requiring a state to implement federal policies which
21 neither Congress, the President or the agency has the power
22 or authority to impose or implement directly by its own
23 action;
24
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1 WHEREAS, on February 17, 1977, the Wyoming Legislature
2 approved House Joint Resolution No. 12 requesting Congress
3 to approve and submit to the states for ratification, or to
4 call a Constitutional Convention to propose an amendment to
5 the United States Constitution to provide that
6 appropriations of money made by Congress of any fiscal year
7 may not exceed the total estimated revenues for that fiscal
8 year, except when a national emergency is proclaimed by the
9 President and concurred in by two-thirds (2/3) of the
10 members elected to each house of Congress;
11
12 WHEREAS, on February 28, 1979, the Wyoming Legislature
13 approved Senate Joint Resolution No. 4 requesting Congress
14 to call a Constitutional Convention to propose an amendment
15 to the United States Constitution to provide that taxes or
16 expenditures by the federal government may not exceed an
17 amount equal to the taxes or expenditures for the preceding
18 fiscal year, computed on a per capita basis, increased by
19 the percentage increase in the Consumer Price Index and the
20 national population for the preceding fiscal year, except
21 when a national emergency is proclaimed by the President and
22 concurred in by two-thirds (2/3) of the members elected to
23 each house of Congress;
24
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1 WHEREAS, a Constitutional Convention called and
2 convened for any one purpose could result in a complete
3 rewriting of the United States Constitution with no rules or
4 precedent whatsoever to follow;
5
6 WHEREAS, the convening of a Constitutional Convention
7 during these troubled times represents a clear and present
8 danger to our established system of justice, to the common
9 defense of our nation, to our general welfare and to the
10 ordered form of liberty which we have inherited from our
11 forefathers, cherished for ourselves and earnestly desire to
12 defend and conserve for our posterity;
13
14 WHEREAS, these rights and privileges were endowed unto
15 use by our Creator;
16
17 WHEREAS, these clear and present dangers far outweigh
18 any possible benefit of convening a Constitutional
19 Convention at this time;
20
21 WHEREAS, we, as members of the Legislature of the State
22 of Wyoming, have sworn a solemn oath to support, obey and
23 defend the United States Constitution against all enemies,
24 both foreign and domestic; and
25
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1 WHEREAS, Congress has not called a convention for the
2 purpose of amending the United States Constitution as
3 requested.
4
5 Now, Therefore, Be It Resolved By The Legislature of the
6 State of Wyoming, a majority of all the members of each
7 house, voting separately, concurring therein:
8
9 Section 1. That Enrolled Joint Memorial No. 4 approved
10 by the Legislature on February 23, 1939; and Enrolled Joint
11 Resolution No. 2 approved by the Legislature on February 26,
12 1959; and House Joint Resolution No. 7 approved by the
13 Legislature on February 21, 1961; and House Joint Memorial
14 No. 13 approved by the Legislature on February 9, 1963; and
15 Senate Joint Resolution No. 4 approved by the Legislature on
16 February 14, 1963; and House Joint Memorial No. 14 approved
17 by the Legislature on February 15, 1963; and House Joint
18 Resolution No. 4 approved by the Legislature on February 14,
19 1975; and House Joint Resolution No. 12 approved by the
20 Legislature on February 17, 1977; and Senate Joint
21 Resolution No. 4 approved by the Legislature on February 28,
22 1979; and any other previous applications to the Congress of
23 the United States made by the Wyoming Legislature pursuant
24 to Article V of the United States Constitution for the
25 calling of a constitutional convention for any purpose,
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1 limited or general, are hereby, both individually and
2 collectively, repealed; and
3
4 Section 2. That certified copies of this Joint
5 Resolution be transmitted by the Secretary of State to the
6 President of the Senate and the Speaker of the House of
7 Representatives of the Congress of the United States, and to
8 each member of the Wyoming Congressional delegation.
9
10 (END)
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