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B01460 Summary:

B01460 Actions:

B01460 Committee Votes:

B01460 Floor Votes:

B01460 Text:

 
Senate Resolution No. 1460
 
BY: Senator KRUEGER
 
        CONCURRENT  RESOLUTION  OF  THE  SENATE AND ASSEMBLY
        concerning the rescission of all  previous  requests
        by  the  New  York State Legislature or either house
        thereof for a convention  under  Article  V  of  the
        United States Constitution
 
  WHEREAS, The New York State Legislature has made applications to the
United  States  Congress  to  call  one  or  more conventions to propose
amendments  concerning  specific   subjects   to   the   United   States
Constitution, pursuant to Article V thereof; and
 
  WHEREAS, the legislature finds that:
 
  a.  Since  its  ratification,  the United States Constitution has only
been amended 27 times; and
 
  b. Despite  continual  debate,  extreme  political  turmoil,  shifting
views,  and  uncountable  political, economic, and societal problems and
events, our nation has not had another Constitutional  Convention  since
1787; and
 
  c.  Article V of the United States constitution provides a vehicle for
amending the constitution  upon  application  by  "two  thirds"  of  the
several States; and
 
  d.  Throughout  its  long  and storied history, New York has made such
applications; and
 
  e. Scholars differ as to whether such applications  ever  expire,  and
if,  regardless  of  scope set forth in the applications, any convention
would be required to abide by such scope; and
 
  f. Wealthy  interest  groups  could  exploit  decisions  made  by  our
ancestors  to  contort  their  intent  to  amending the Constitution and
removing or altering our rights; and
 
  WHEREAS, the legislature declares that:
 
  a. Although historical records maintained by the State of New York and
the Library of Congress are incomplete and, in some  instances,  unclear
as  to  the  final disposition of joint resolutions previously passed by
the New York State Legislature to initiate a  call  to  Congress  for  a
Constitutional  Convention,  it  is  reported  that  the  New York State
Legislature  has  passed  several  such  calls  for   a   Constitutional
Convention  since  the  1780's. These calls include (1) Joint Resolution
(1789) calling broadly for amendments to the Constitution to promote the
common interests and secure the great and unalienable rights of mankind;
(2) Joint Resolution (1931) calling for the  repeal  of  the  eighteenth
amendment;  and (3) Joint Resolution (1972) calling for the allowance of
public funds for secular education; and
 
  b. It is unclear as a matter of constitutional law whether these calls
ever expire, and current generations may now be bound by decisions  made
 
in  a  different  time  and  culture.  The need to advance these various
policy reforms should be debated anew, if necessary, and not bind future
generations without any consideration; now, therefore, be it
 
  RESOLVED,  (if  the        concur), That the Legislature does hereby
rescind, repeal, cancel, nullify,  and  supersede,  any  and  all  prior
applications  by the Legislature to the Congress of the United States of
America to call a Constitutional Convention to propose amendments to the
Constitution of the United States pursuant to the terms of Article V  of
the Constitution of the United States of America, regardless of when and
regardless  of  whether  such  applications  were  for  a  more  limited
convention to propose one or  more  amendments  regarding  one  or  more
specific subjects and purposes or for a general convention to propose an
unlimited  number  of  amendments  upon an unlimited number of subjects,
whether or not  the  calls  are  confirmed  by  the  historical  records
maintained by the State or the Library of Congress; and be it further
 
  RESOLVED, (if the           concur), That the Secretary of State be,
and hereby is, directed to send a duly certified copy of this resolution
to   the   Senate  of  the  United  States  and  one  to  the  House  of
Representatives in the Congress of the United States; and be it further
 
  RESOLVED,  (if  the          concur),  That  the  members   of   the
Legislature  of the State of New York request that this Joint Resolution
be published in the Congressional Record  and  listed  in  the  official
tally  of  state  legislative  applications  relating to calling for the
United States Congress to call a convention to propose amendments to the
United States Constitution.