29195-1:N:04/18/2000:MCS/mwm LRS2000-10929
WHEREAS, the Legislature of the State of Alabama, acting with the best of intentions, has, at various times, and during various sessions, previously made applications to the Congress of the United States of America to call one or more conventions to propose either a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions of Article V thereof; and,
WHEREAS, former Chief Justice of the United States Supreme Court Warren E. Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg, and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, any limitations or restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of the citizens and the duties of various levels of government; and,
WHEREAS, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times, without the need to resort to a constitutional convention, and has been interpreted for more than two hundred years and has been found to be a sound document which protects the lives and liberties of the citizens; and,
WHEREAS, there is no need for, rather, there is great danger in, a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another two centuries of litigation over its meaning and interpretation; now therefore,
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That we hereby rescind, repeal, cancel, nullify, and supersede to the same effect as if they had never been passed, any and all existing applications by the Legislature of the State of Alabama to the Congress of the United States of America to call a convention to propose amendments to the Constitution of the United States of America, pursuant to the terms of Article V thereof, including, but not limited to, those applications listed herein, regardless of when or by which session or sessions of the Alabama Legislature such applications were made, and regardless or whether such applications were for a 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. We hereby rescind, repeal, cancel, nullify, and supersede to the same effect as if they had never passed, existing applications by the Legislature of Alabama to Congress to call a convention on any of the following specific subjects, as referenced in the U.S. Congressional Record:
| Limited taxation | 89 CONG. REC. 7523 (1943) |
| Selection of federal judges | 103 CONG. REC. 10863 (1957) |
| Conflicting state and federal statutes | 105 CONG. REC. 3083 (1959) |
| Conflicting state and federal statutes | 105 CONG. REC. 3220 (1959) |
| Court of Union | 109 CONG. REC. 5250 (1963) |
| Court of Union | 109 CONG. REC. 5581 (1963) |
| Apportionment | 111 CONG. REC. 3722 (1965) |
| Apportionment | 112 CONG. REC. 43 (1966) |
| Apportionment | 112 CONG. REC. 200 (1966) |
| Tax refund | 113 CONG. REC. 10118 (1967) |
| Balanced budget | 121 CONG. REC. 28347 (1975) |
| Balanced budget | 125 CONG. REC. 4861 (1979) |
| Balanced budget | 125 CONG. REC. 5368 (1979) |
| Right to life | 126 CONG. REC. 10650 (1980) |
| Limited judicial terms | 127 CONG. REC. 19856 (1981) |
| Rescinding 1976 appropriation | 135 CONG. REC. 5485 (1989) |
BE IT FURTHER RESOLVED, That we urge the legislatures of every other state which has applied to Congress to call a convention for either a general or a limited constitutional convention, to repeal and withdraw such applications.
BE IT FURTHER RESOLVED, That the Clerk of the House is directed to send copies of this resolution to the Secretary of State, to the presiding officers of both houses of each of the other legislatures of the Union, to the President of the United States Senate, to the United States Congress, by sending copies to the Speaker of the United States House of Representatives, to the members of Congress of the United States representing the State and people of Alabama, and to the Administrator of General Services, Washington, D.C.