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Tale of Two Conventions, continued

 

from the first for proposing amendments


Second Convention of the States

In 2023, with a more perfect defining of the conventional process for amending the U.S. Constitution in place, several additional state legislatures made the application started in 2014 by Georgia's General Assembly.

ADOPTED
A RESOLUTION
Applying for a convention of the states under Article V of the United States Constitution; and for other purposes.
WHEREAS, the founders of the Constitution of the United States 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, by proposing amendments to the Constitution of the United States through a convention of the states under Article V of the United States Constitution to place clear restraints on these and related abuses of power.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly of the State of Georgia 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 to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.
BE IT FURTHER RESOLVED that this application shall be deemed an application for a convention to address each or all of the subjects herein stated. For the purposes of determining whether two-thirds of the states have applied for a convention addressing any of the subjects stated herein, this application is to be aggregated with the applications of any other state legislatures for the single subjects of balancing the federal budget, limiting the power and jurisdiction of the federal government, or limiting the terms of federal officials.
BE IT FURTHER RESOLVED that the Secretary of the Senate 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, to transmit copies to the members of the United States Senate and United States House of Representatives from this state, and to 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.

They joined the legislatures of Alabama, Alaska, Arizona, Arkansas, Florida, Indiana, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, Tennessee, Texas, Utah, and the other states also applying for this convention. The 34th state legislature sent Congress its application on Tuesday, April 4.

On Monday, April 17, Congress returned from its two-week Easter recess. Three days later it called a convention for proposing amendments.

One hundred eighteenth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twenty-three
Joint Resolution
Calling a convention limited to proposing amendments to the Constitution that impose fiscal restraints on the government of the United States, limit the power and jurisdiction of the government of the United States, and limit the terms of office for its officials and for members of Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (on the application of the legislatures of two-thirds of the several States), That the Congress hereby calls a Convention for proposing amendments to the Constitution of the United States, limited according to the said application to proposing amendments that impose fiscal restraints on the government of the United States, limit the power and jurisdiction of the government of the United States, and limit the terms of office for its officials and for members of Congress, all or any of which amendments shall be valid to all intents and purposes as part of the Constitution when ratified by conventions in three-fourths of the several States.

Speaker of the House of Representatives.

Vice President of the United States and      
President of the Senate.

Anticipating this call, the state legislatures applying for the convention had already formulated and assented to a general version of the model provisions they used for organizing and accommodating the 2021 convention. Georgia's General Assembly had assented to the general model provisions on Tuesday, January 25, 2022.

ADOPTED
A RESOLUTION
Assenting to provisions that prescribe the times, places and manner of holding Conventions for proposing amendments to the Constitution of the United States; and for other purposes.
RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly of the State of Georgia hereby assents to the following provisions prescribed by the Legislatures of the several States to organize and accommodate each Convention for proposing amendments to the Constitution of the United States whenever Congress calls such Convention on the application of the Legislatures of two-thirds of the several States, which shall be, for purposes of each such Convention, supplemental to the provisions of Code Section 28-6-8:
"The Legislatures of two-thirds of the several States on whose application the Congress, pursuant to the fifth article of the Constitution of the United States, shall call a Convention for proposing amendments, do hereby prescribe, together, the times, places and manner of holding that Convention, as set forth in the provisions below:
"The Convention shall be limited according to said application to proposing an amendment or amendments which shall address any of the single subjects stated in the said application.
"The Convention shall assemble for that purpose at least once, such meeting being at the place in which the most numerous branch of the Legislature that first made the said application is sitting, on the one hundred and twentieth day (Sundays excepted) after the date on which the Congress called the Convention, and be composed of deputies appointed by the several States, with each State appointing, in such manner as the Legislature thereof may direct, at least one deputy (but in no event more than five), provided no Senator or Representative in Congress, or person holding an office of trust or profit under the United States, be appointed a deputy.
"All votes in the Convention shall be taken by States, the delegation from each State having one vote, with a quorum to do business consisting of a deputy or deputies from a majority of the States, and a majority of all the States being necessary to an agreement, approval, or adoption of the Convention on any question, order, or resolution.
"The Convention shall choose its president and other officers, determine the rules of its proceedings not contrary to these provisions, punish deputies for disorderly behavior, with the concurrence of two-thirds of all the States expel a deputy, and keep a journal of its proceedings and publish the same after it adjourns sine die.
"The articles approved by the Convention shall be proposed as amendments to the Constitution of the United States, their submission to each State being together and at the same time directed to the executive authority of the State, any or all of which shall be valid to all intents and purposes as part of the Constitution when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the mode of ratification proposed by the Congress."

The convention assembled on Thursday, September 7, in the Georgia State Capitol in Atlanta, and completed its work five weeks later.

Convention for proposing amendments
Begun and held at the City of Atlanta, in the State of Georgia, on Thursday, the seventh of September, two thousand and twenty-three
Present
The States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
THE Legislatures of two thirds of the several States, having applied to Congress, under the provisions of the fifth Article of the Constitution of the United States, for the calling of a convention limited to proposing amendments to the Constitution that impose fiscal restraints on the government of the United States, limit the power and jurisdiction of the government of the United States, and limit the terms of office for its officials and for members of Congress: And as protecting the liberty of our people, particularly for the generations to come, is the solemn duty of the States.
RESOLVED by this Convention for proposing amendments, called by the Congress of the United States of America on the application of the Legislatures of two thirds of the several States, that the following articles be proposed to Conventions in the several States, as amendments to the Constitution of the United States, all, or any of which articles, when ratified by three fourths of the said Conventions, as the mode of ratification proposed by the Congress, to be valid to all intents and purposes as part of the said Constitution, namely:
ARTICLES in addition to, and amendment of the Constitution of the United States of America, proposed by Convention, and ratified by Conventions in the several States, pursuant to the fifth Article of the Constitution.
Article the first,
“All debts incurred in any year after the ratification of this article shall not exceed one tenth of the total revenue raised in the two years immediately prior to that year. But Congress may, during that year, by a vote of two-thirds of each house, increase such limit for that year.”
Article the second,
“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed and foreign citizens or subjects not authorized to be residents within the United States according to the rule established by Congress.
“After the enumeration next following the ratification of this article, the number of Representatives shall neither exceed one for every thirty thousand nor be less than one for every six hundred thousand, but each State shall have at least one Representative.”
Article the third,
Section 1. Congress shall make no law respecting education or labor, or abolishing, interfering with, or impairing the power of each of the several States to promote and regulate that of its citizens.
Sec. 2. After seven years from the ratification of this article, the sixteenth article of amendment to the Constitution of the United States shall be inoperative, and no taxes on incomes, from whatever source derived, shall ever be laid by the Congress.
Sec. 3. Taxes, duties, imposts, excises, fines, penalties, or payments shall not be imposed on citizens of the United States by the United States by reason of failure to manufacture, sell, transport, deliver, import, consume, purchase, own, lease, rent, contract, store, export, keep, hold, have, or use any thing, including any service.”
Article the fourth,
“The President shall take care that the laws be faithfully executed, and shall not suspend, alter, or delay or prohibit the execution of any of them or any thing in them.”
Article the fifth,
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, or born to a citizen thereof who has been seven years a resident within the United States, are citizens of the United States and of the State wherein they reside.
Sec. 2. Every person born in the United States to two citizens thereof is a natural born citizen.
“This section shall not apply to any person who entered on the execution of the office of President of the United States before this amendment becomes valid as part of the Constitution.”
Article the sixth,
Section 1. The power to give in one State full faith and credit to the public acts, records, and judicial proceedings of another with respect to marriages and other domestic relations contrary therein to the constitution or laws of such State, and to define therein all such relations, is reserved to the States respectively; and the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States with respect to any such relation whatsoever.
Sec. 2. Congress shall make no law respecting marriage or other domestic relation, except what may be absolutely necessary for carrying into execution its powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof; and nothing in this Constitution shall be so construed as to affect in any way the power reserved to the States respectively by this amendment.”
Article the seventh,
“No private property taken for public use shall be made private without the consent of the person or persons from whom it was taken or of his or their lawful heir or heirs.”
Article the eighth,
“No state or part of a state may secede or be excluded from this Union without the consent of the legislatures of three-fourths of the several states; and in the case of part of a state, such consent shall include the legislature of that state. But no state or part of a state, following its secession or exclusion, nor any portion thereof, may be admitted into this Union as a state or part of an existing state without the consent of the legislatures of three-fourths of the several states; and in the case of part of an existing state, such consent shall include the legislature of that state.”
Article the ninth,
Section 1. No person shall be capable of being a Representative for more than six years in any term of twelve years, or a Senator for more than eighteen years in any term of thirty-six years. But this article shall not be so construed as to affect the election or term of any Representative or Senator chosen before it becomes valid as part of the Constitution.
Sec. 2. No person shall be capable of being a Vice President who shall not be capable of being elected to the office of the President, or for more than twelve years in any term of twenty-four years.
Sec. 3. Judges, both of the supreme and inferior courts, shall hold their offices during good behavior. But no person appointed after the ratification of this article shall be capable of being a Judge for more than twenty-four years in any term of forty-eight years.
Sec. 4. This article, or any also proposed as an amendment to the Constitution on the date this article was proposed, or any previously proposed which shall not have become valid as part thereof prior to that date, shall be inoperative unless ratified, as provided in the Constitution, within seven years from the date of its submission to the States by a convention for proposing amendments or by the Congress.”
DONE in Convention by the consent of the States present the twelfth day of October in the year of our Lord two thousand and twenty three and of the Independence of the United States of America the two hundred and forty eighth.
By Order of the Convention
President of the Convention.

After the convention's secretary sent the resolution to the state governors, the states formed their respective ratifying conventions to consider and act upon the proposed articles.

Georgia's governor received the resolution on Friday, October 13, and called an election of delegates four weeks later. The election and runoff election were held on Tuesday, February 6, 2024, and on Tuesday, March 5. Georgia's ratifying convention assembled in the state capitol on Monday, March 25. It spent the first day of its session organizing itself before adjourning. On Monday, April 8, the delegates returned to discuss and vote on the proposed articles. On Wednesday, April 24, the convention adopted its final resolution and adjourned sine die.

STATE OF GEORGIA, IN CONVENTION;
Wednesday, April the twenty-fourth, two thousand and twenty-four.
WHEREAS, pursuant to the fifth article of the Constitution of the United States, the Senate and House of Representatives of the United States of America in Congress assembled (on the application of the legislatures of two-thirds of the several States) did, on the twentieth day of April, two thousand and twenty-three, call a Convention for proposing amendments to the Constitution of the United States, limited according to the said application to proposing amendments that impose fiscal restraints on the government of the United States, limit the power and jurisdiction of the government of the United States, and limit the terms of office for its officials and for members of Congress, and propose conventions in the several states as the mode of ratification of those amendments;
AND WHEREAS, the Governor of the State of Georgia received, on the thirteenth day of October, two thousand and twenty-three, official notification that the deputies of the United States in the said Convention, begun and held at Atlanta, Georgia, on the seventh day of September, two thousand and twenty-three, proposed nine articles of amendment to the Constitution of the United States which read:
Article the first,
“All debts incurred in any year after the ratification of this article shall not exceed one tenth of the total revenue raised in the two years immediately prior to that year. But Congress may, during that year, by a vote of two-thirds of each house, increase such limit for that year."
Article the second,
"Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed and foreign citizens or subjects not authorized to be residents within the United States according to the rule established by Congress.
"After the enumeration next following the ratification of this article, the number of Representatives shall neither exceed one for every thirty thousand nor be less than one for every six hundred thousand, but each State shall have at least one Representative."
Article the third,
"Section 1. Congress shall make no law respecting education or labor, or abolishing, interfering with, or impairing the power of each of the several States to promote and regulate that of its citizens.
"Section 2. After seven years from the ratification of this article, the sixteenth article of amendment to the Constitution of the United States shall be inoperative, and no taxes on incomes, from whatever source derived, shall ever be laid by the Congress.
"Section 3. Taxes, duties, imposts, excises, fines, penalties, or payments shall not be imposed on citizens of the United States by the United States by reason of failure to manufacture, sell, transport, deliver, import, consume, purchase, own, lease, rent, contract, store, export, keep, hold, have, or use any thing, including any service."
Article the fourth,
"The President shall take care that the laws be faithfully executed, and shall not suspend, alter, or delay or prohibit the execution of any of them or any thing in them."
Article the fifth,
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, or born to a citizen thereof who has been seven years a resident within the United States, are citizens of the United States and of the State wherein they reside.
"Section 2. Every person born in the United States to two citizens thereof is a natural born citizen.
"This section shall not apply to any person who entered on the execution of the office of President of the United States before this amendment becomes valid as part of the Constitution."
Article the sixth,
"Section 1. The power to give in one State full faith and credit to the public acts, records, and judicial proceedings of another with respect to marriages and other domestic relations contrary therein to the constitution or laws of such State, and to define therein all such relations, is reserved to the States respectively; and the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States with respect to any such relation whatsoever.
"Section 2. Congress shall make no law respecting marriage or other domestic relation, except what may be absolutely necessary for carrying into execution its powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof; and nothing in this Constitution shall be so construed as to affect in any way the power reserved to the States respectively by this amendment."
Article the seventh,
"No private property taken for public use shall be made private without the consent of the person or persons from whom it was taken or of his or their lawful heir or heirs."
Article the eighth,
"No state or part of a state may secede or be excluded from this Union without the consent of the legislatures of three-fourths of the several states; and in the case of part of a state, such consent shall include the legislature of that state. But no state or part of a state, following its secession or exclusion, nor any portion thereof, may be admitted into this Union as a state or part of an existing state without the consent of the legislatures of three-fourths of the several states; and in the case of part of an existing state, such consent shall include the legislature of that state."
Article the ninth,
"Section 1. No person shall be capable of being a Representative for more than six years in any term of twelve years, or a Senator for more than eighteen years in any term of thirty-six years. But this article shall not be so construed as to affect the election or term of any Representative or Senator chosen before it becomes valid as part of the Constitution.
"Section 2. No person shall be capable of being a Vice President who shall not be capable of being elected to the office of the President, or for more than twelve years in any term of twenty-four years.
"Section 3. Judges, both of the supreme and inferior courts, shall hold their offices during good behavior. But no person appointed after the ratification of this article shall be capable of being a Judge for more than twenty-four years in any term of forty-eight years.
"Section 4. This article, or any also proposed as an amendment to the Constitution on the date this article was proposed, or any previously proposed which shall not have become valid as part thereof prior to that date, shall be inoperative unless ratified, as provided in the Constitution, within seven years from the date of its submission to the States by a convention for proposing amendments or by the Congress.";
AND WHEREAS, pursuant to Chapter 41 of Title 50 of the Official Code of Georgia Annotated, the election of delegates to this convention was called and published by the Governor on the tenth day of November, two thousand and twenty-three, was conducted and held in the several senatorial districts on the sixth day of February, two thousand and twenty-four, and was followed twenty-eight days later by the runoff election of delegates conducted and held in a number of the said districts;
AND WHEREAS, the delegates so elected members of this convention took their seats upon taking the oath or affirmation prescribed by law and were issued a commission under the great seal of the State of Georgia, and their election, returns and qualifications were judged by the convention to all be in good order;
AND WHEREAS, the session of this convention was begun and held at Atlanta, on the twenty-fifth day of March, two thousand and twenty-four, in the State Capitol and continued therein on Monday through Friday, the eighth through twelfth days of April, on Tuesday through Friday, the sixteenth through nineteenth days of April, and on Tuesday and Wednesday, the twenty-third and twenty-fourth days of April, two thousand and twenty-four, during which session the convention considered and acted upon the said proposed articles of amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE DELEGATES OF THE PEOPLE OF THE STATE OF GEORGIA that we, the delegates of the People of the State of Georgia in Convention met, pursuant to the said law of the State of Georgia, having taken into our serious consideration the said proposed articles of amendment, have assented to, ratified, and adopted, and by these presents do, in virtue of the powers and authority to us given by the People of the said State for that purpose, for, and in behalf of ourselves and our Constituents, fully and entirely assent to, ratify and adopt the first, second, third, fourth, fifth, sixth, seventh, eighth, and ninth said proposed articles of amendment.
DONE, in Convention, at Atlanta in the said State, on the twenty-fourth day of April, in the year of our Lord two thousand and twenty-four, and of the Independence of the United States the two hundred and forty-eighth.
President of the Convention.
Attest. Secretary of the Convention.

Whichever amendments their states ratified, the people of the United States reasserted their right to alter their government as they see fit in order to ensure each and every one of its powers rests alone upon their consent.



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Link to table showing effect of second clause of "Article the second":

http://www.libsarebraindead.com/madeinamerica/liberalutopia/census.html

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