808 GOODLATTE, Virginia
CHAIRMAN

F, JAMES SENSENBRENNER, JR., Wisconsin
LAMAR S. SMITH, Texas
‘STEVE CHABOT, Ohio
DARRELL E. ISSA, California
STEVE KING, lowa

TRENT FRANKS, Arizona
LOUIE GOHMERT, Texas
JIM JORDAN, Ohio.

TED POE, Texas

JASON CHAFFETZ, Utah
TOM MARINO, Pennsylvania
TREY GOWDY, South Carolina
RAUL R. LABRADOR, Idaho
BLAKE FARENTHOLD, Texas
DOUG COLLINS, Georgia
RON DeSANTIS, Florida
KEN BUCK, Colorado

JOHN RATCLIFFE, Texas
MARTHA ROBY, Alabama
MATT GAETZ, Florida

MIKE JOHNSON, Louisiana
ANDY BIGGS, Arizona

ONE HUNDRED FIFTEENTH CONGRESS

Congress of the Wnited States

House of Representatives
COMMITTEE ON THE JUDICIARY
2138 RAYBURN HOUSE OFFICE BUILDING

WASHINGTON, DC 20515-6216
(202) 225-3951

http:/www.house.gov/judiciary

April 25, 2017

The Honorable Karen Haas
Clerk of the U.S. House of Representatives
U.S. Capitol, Room H154

Washington, D.C. 20515

Dear Madam Clerk,

JOHN CONYERS, JR., Michigan
RANKING MEMBER

JERROLD NADLER, New York
ZOE LOFGREN, California

SHEILA JACKSON LEE, Texas

STEVE COHEN, Tennessee

HENRY C. “HANK” JOHNSON, JR., Georgia
TED DEUTCH, Florida

LUIS V. GUTIERREZ, Illinois

KAREN BASS, California

CEDRIC L. RICHMOND, Louisiana

HAKEEM S. JEFFRIES, New York

DAVID CICILLINE, Rhode Island

ERIC SWALWELL, California

TED LIEU, California

JAMIE RASKIN, Maryland

PRAMILA JAYAPAL, Washington

BRAD SCHNEIDER, Illinois

Pursuant to section 3(c) of House Resolution 5 (1 14" Congress), I hereby designate the attached
Memorial from the State of North Dakota, received by the House of Representatives in the year 2017, as
purporting to be an application of the State legislature calling for a convention for proposing amendments
to the Constitution of the United States pursuant to Article V, and request that you make it publicly

available.

Sincerely,

ke ‘oodlatte

Chairman


Sixty-fifth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 3, 2017

HOUSE CONCURRENT RESOLUTION NO. 3006
(Representatives Kasper, Rick C. Becker, Carlson, Headland, K. Koppelman, Louser, D. Ruby)
(Senators Armstrong, Casper, Hogue, Poolman, Wardner)

A concurrent resolution calling for a convention for the purpose of amending the United States
Constitution to impose fiscal restraints on the federal government and limit the power and
jurisdiction of the federal government.

WHEREAS, the founders of the United States Constitution empowered state legislators to be
guardians of liberty against excessive use 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 ceased to operate under a proper interpretation of the
United States Constitution; 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, 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 United States Constitution through a convention
of the states under Article V for the purpose of restraining these and related abuses of power;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF NORTH
DAKOTA, THE SENATE CONCURRING THEREIN:

That the Sixty-fifth Legislative Assembly urges the Congress, under the provisions of Article V of the
United States Constitution, to call a convention of the states limited to proposing amendments to the
United States Constitution which 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; and

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

BE IT FURTHER RESOLVED, that the Legislative Assembly adopts this application expressly
subject to the following reservations, understandings, and declarations:

1. An application to the Congress of the United States to call an amendment convention of the
states pursuant to Article V of the United States Constitution confers no power to Congress
other than the power to call such a convention. The power of Congress to exercise this
ministerial duty consists solely of the authority to name a reasonable time and place for the
initial meeting of a convention;

2. Congress shall perform its ministerial duty of calling an amendment convention of the states
only upon the receipt of applications for an amendment convention for the substantially same
purpose as this application from two-thirds of the legislatures of the several states;

3. Congress does not have the power or authority to determine any rules for the governing of a
convention for proposing amendments called pursuant to Article V of the United States
Constitution. Congress does not have the power to set the number of delegates to be sent by
any state to such a convention, nor does it have the power to name delegates to such a


H. C. R. NO. 3006 - PAGE 2

convention. The power to name delegates remains exclusively within the authority of the
legislatures of the several states;

4. By definition, an amendment convention of the states means that states shall vote on the
basis of one state, one vote;

5. Aconvention for proposing amendments convened pursuant to this application must be limited
to consideration of the topics specified herein and no other. This application is made with the
express understanding that an amendment that in any way seeks to amend, modify, or repeal
any provision of the Bill of Rights is not authorized for consideration at any stage. This
application is void ab initio if ever used at any stage to consider any change to any provision
of the Bill of Rights;

6. Pursuant to Article V of the United States Constitution, Congress may determine whether
proposed amendments must be ratified by the legislatures of the several states or by special
state ratification conventions. The Legislative Assembly recommends Congress select
ratification by the legislatures of the several states; and

7. The Legislative Assembly may provide further instructions to its delegates and may recall its
delegates at any time for a breach of a duty or a violation of the instructions provided; and

BE IT FURTHER RESOLVED, that the Secretary of State forward copies of this resolution to the
President and Secretary of the Senate and the Speaker and Clerk of the House of Representatives of
the Congress, each member of the United States Congressional Delegation from North Dakota, and the
presiding officers of each house of the legislatures of the several states, requesting their cooperation.

frog: belle fe

Speaker of fhe House nt of the

BR g. .
Chief Clerk of the House