Hcr9: (New Title) Rescinding House Concurrent Resolution No. 40 Passed By The 2012 New Hampshire General Court Asking That Congress Call A Convention Under Article v of The United States Constitution.

HCR 9 - AS AMENDED BY THE HOUSE

14Mar2024... 0433h

2024 SESSION

24-2753

08/10

HOUSE CONCURRENT RESOLUTION 9

A RESOLUTION rescinding House Concurrent Resolution No. 40 passed by the 2012 New Hampshire General Court asking that Congress call a convention under Article V of the United States Constitution.

SPONSORS: Rep. McCarter, Belk. 8

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This concurrent resolution rescinds the adoption House Concurrent Resolution 40 passed on May 31, 2012 which is an application to the congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

14Mar2024... 0433h 24-2753

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

A RESOLUTION rescinding House Concurrent Resolution No. 40 passed by the 2012 New Hampshire General Court asking that Congress call a convention under Article V of the United States Constitution.

Whereas, Article V of the United States Constitution establishes two methods for proposing amendments to the United States Constitution; and

Whereas one method of proposing amendments requires the Congress of the United States to call a constitutional convention upon the application of two-thirds of the several states (now 34); and

Whereas, it is generally believed that these applications never expire, and that current Legislatures are bound by applications made years, decades or centuries ago; and

Whereas, legal experts disagree about both the longevity of these applications and as to whether a convention called for a particular purpose may consider amendments beyond the scope of that purpose; and

Whereas, on May 31, 2012, the general court of the state of New Hampshire, acting with the best of intentions, passed House Concurrent Resolution Number 40 which is an application petitioning the United States Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States requiring for each fiscal year, with certain exceptions, a federal balanced budget.

Whereas, New Hampshire’s 2012 application no longer reflects the will of the New Hampshire general court; and

Whereas, the need to advance various policy reforms should be debated anew, and the current general court should not be bound by past general courts’ opinions; and therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That the General Court of the State of New Hampshire hereby rescinds, repeals, cancels, voids, nullifies and supersedes its application passed by the 2012 New Hampshire general court which asks Congress to call a constitutional convention pursuant to Article V of the United States Constitution; and be it further

Resolved, that the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, to the Secretary of the Senate, to the Speaker of the United States House of Representatives, to the Clerk of the United States House of Representatives, to each member of the New Hampshire Congressional Delegation, and to be published in the Congressional Record.