The Alabama House of Representatives today passed House Joint Resolution 49, an application to Congress calling for a Constitutional Convention under Article V of the United States Constitution.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution. Each state would only get one vote on proposed amendments.

The resolution passed today by the Alabama House strictly limits the purpose of the proposed convention to three areas:

1) imposing fiscal restraints on the federal government through a balanced budget amendment; 2) limiting the power and jurisdiction of the federal government; and 3) implementing term limits on federal elected officials.

Rep. Ken Johnson, R-Moulton, told Yellowhammer that he introduced the resolution because he believes a convention is the last available option to force the federal government to live within its means.

“We’re calling for restraints on the federal government,” Johnson said. “That means an amendment that forces them to balance the budget and stops these overreaching federal mandates. We’re also calling for term limits on federal elected offices.”

Johnson said it is important that the states are able to limit the scope of the convention ahead of time, which his resolution does, to mitigate the risk of a “runaway convention.”

“Because we’ve never done it, the idea that there could be a ‘runaway convention’ is always brought up as a concern,” Johnson said. “The convention would be limited to a small set of issues. But on top of that, the safeguard is that it only takes 13 states to kill any runaway convention. If there aren’t 13 conservatives states left, we’re in trouble, period. And Washington is a runaway train right now anyway. How much more damage could be done?”

This resolution, unless rescinded by a succeeding Legislature, constitutes a continuing application until at least two-thirds of all State Legislatures have made application for a convention to provide for these purposes.

It now goes up to the Senate, where several legislators have already been actively involved in the process leading up to a potential Constitutional Convention.

In December of last year, Alabama state senators Arthur Orr, R-Decatur, and Trip Pittman, R-Daphne, joined roughly 100 state legislators from 32 states at Mt. Vernon, Virginia to discuss the ground rules of a potential Convention of the States.

The full resolution passed by the Alabama House today can be read below.

WHEREAS, the Founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent
spending; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, to propose amendments to the Constitution of the United States through a Convention of the States under Article V to place clear restraints on these and related abuses of power; now therefore,

BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOSUES THEREOF CONCURRING, That the Legislature of the States of Alabama hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments that impose fiscal restrains on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials.

BE IT FURTHER RESOLVED, That the Secretary of State is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and to the members of the Senate and House of Representatives of the United States Congress from this state; and to also transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two-thirds of the several states have made applications on the same subject.

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