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11  A CONCURRENT RESOLUTION memorializing the Congress of the
12    United States to propose an amendment to Article V of the United
13    States Constitution that will enable three-fourths of the states to
14    amend the Constitution subject to congressional veto.
15
16    WHEREAS, All 33 amendments proposed to the United States Con-
17  stitution since 1788 have been initiated by Congress; and
18    WHEREAS, More than 400 petitions from the several states request-
19  ing a constitutional convention to propose amendments have been filed
20  with Congress but have never resulted in the calling of a convention or
21  adoption of an amendment; and
22    WHEREAS, There should be a proper balance of national and state
23  power in a federal system; the present mechanism for the states to initiate
24  a constitutional convention has proved to be unworkable; and the envi-
25  sioned and desirable equipoise between national and state powers re-
26  quires a means for the several states to be able to propose amendments
27  to the Constitution; and
28    WHEREAS, An Intergovernmental Partnership Task Force proposed
29  in its 1989 report to the Intergovernmental Affairs Committee of The
30  Council of State Governments an amendment to Article V of the United
31  States Constitution to establish a thoughtful balancing of national and
32  state interests in the constitutional amendment process; and
33    WHEREAS, The gist of the Task Force proposal is to enable the leg-
34  islatures of three-fourths of the states to propose amendments to the
35  Constitution subject to the veto of the Congress by a two-thirds vote of
36  both Houses within two years of the states' submission of the amend-
37  ments; and
38    WHEREAS, This proposal embodies a prudent method for constitu-
39  tional amendments to be initiated by a substantial majority of the several
40  states and yet subject to veto by the Congress: Now, therefore,
41    Be it resolved by the House of Representatives of the State of Kansas,
42  the Senate concurring therein:  That the legislature request the Congress
43  of the United States to propose an amendment to Article V of the Con-
HCR 5017
                                     

 1  stitution of the United States which in essence provides that:
 2    Whenever three-fourths of the legislatures of the several states deem
 3  it necessary, they shall propose amendments to this Constitution. After
 4  two years from the date of receipt by the Clerk of the House of Repre-
 5  sentatives of a certified copy of the proposed amendments from the state
 6  which represents three-fourths or more of the several states, the proposed
 7  amendments shall be valid to all intents and purposes as part of this
 8  Constitution, unless disapproved by two-thirds of both Houses of Con-
 9  gress within that two-year period. Each state shall have the power to
10  rescind its action to propose the amendments only until the beginning of
11  that two-year period; and
12    Be it further resolved:  That the legislature request the legislatures of
13  the several states to apply to Congress for the proposal of this amendment
14  to the Constitution of the United States; and
15    Be it further resolved:  That copies of this resolution be sent by the
16  Chief Clerk of the House of Representatives to the President of the Sen-
17  ate and the Speaker of the House of Representatives of the United States,
18  to each of the senators and representatives from Kansas, and to the leg-
19  islatures of each of the several states, attesting to the adoption of this
20  resolution.