SJ 18-1_ Filed 02/20/2013, 14:26
Adopted 2/21/2013
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Rules and Legislative Procedure, to which was referred Senate
Joint Resolution No. 18, has had the same under consideration and begs leave to report the
same back to the Senate with the recommendation that said resolution be AMENDED as
follows:
Delete the title and insert the following:
A JOINT RESOLUTION requesting Congress to call a
constitutional convention for the purpose of proposing amendments to
the Constitution of the United States concerning limitation of the
commerce and taxing powers of Congress.
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Page 1, delete lines 1 through 6, begin a new paragraph and insert:
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"SECTION 1. (a) That the General Assembly finds and declares that
this resolution is passed in accordance with the method provided to
states in Article V of the Constitution of the United States for
proposing amendments to the Constitution of the United States.
(b) That the General Assembly further declares that such a step is
necessary to restore the operation of the constitutional system of the
United States according to the intent of those who created it; that is, to
return to an appropriate balance between the federal government and
the states by specifically defining, and in so doing, limiting certain
powers of the federal government.
(c) That the General Assembly further declares that the convention
for proposing amendments called for in this resolution shall be
understood to be strictly confined to consideration of amendments
concerning the limitation of the commerce and taxing powers of
Congress.
(d) That the General Assembly further declares that state
delegations to an Article V convention for proposing amendments
should be limited in size and that for purposes of voting on
amendments proposed at such a convention, each state should have one
vote, regardless of the size of its delegation.
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SECTION 2. That the General Assembly of the State of Indiana
makes application to the Congress of the United States for a convention
under Article V of the Constitution of the United States for the specific
and exclusive purpose of proposing amendments to the Constitution of
the United States to limit certain powers of Congress.
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SECTION 3. That this application is for a convention limited to
considering and proposing amendments on the following topics:
(1) Additional limitation of the power of the Congress to regulate
commerce among the several states under Article I, Section 8,
Clause 3 of the Constitution of the United States.
(2) Additional limitation of the power of the Congress to tax
under Article I of the Constitution of the United States and under
the Sixteenth Amendment to the Constitution of the United States.
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SECTION 4. That this application shall be considered an
application for a convention to address each of the subjects stated in
SECTION 3 of this resolution. For purposes of determining whether
two-thirds (2/3) of the states have applied for a convention addressing
any subject, this application is to be aggregated with the applications
of any other state legislatures limited to one (1) or more of the subjects
stated in SECTION 3 of this resolution.
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SECTION 5. That this resolution is a continuing application and
remains in effect until its rescission by the Indiana General Assembly
or as otherwise provided by Indiana law. This application does not
constitute a recognition that any particular activity or activities
currently undertaken by the federal government is or are authorized by
the Constitution of the United States.
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SECTION 6. That the Principal Secretary of the Indiana Senate send
certified copies of this resolution to each of the following:
(1) The President and the Secretary of the United States Senate.
(2) The Speaker and the Clerk of the House of Representatives of
the United States Congress.
(3) Each of the members of Indiana's congressional delegation.
(4) The presiding officers of each legislative chamber of the
several states, requesting their cooperation.".
(Reference is to SJR 18 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 4.
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Long CRSJ1801/DI 51 2013