S.J.R. 5 Senate Joint Resolution No. 5--Committee on Governme nt Affairs January 24, 1995 _____________ Referred to Committee on Government Affairs SUMMARY--Urges Congress to propose amendment to United States Constitution allowing states to amend Constitution without constitutional convention. (BDR R-95) FISCAL NOTE: Effect on Local Government: No. Effect on the State or on Industrial Insurance: No. EXPLANATION--Matter in italics is new; matter in bra ckets [ ] is material to be omitted. SENATE JOINT RESOLUTION--Urging Congress to propose an amendment to the United States Constitution allowing three-fourths of the states to amend the Constitution without a constitutional convention. WHEREAS, Every amendment to the United States Constitution proposed after 1788 has been initiated by Congress; and WHEREAS, More than 400 petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention; and WHEREAS, A proper balance of national and state power should exist in a federal system, the present mechanism for the states to initiate a constitutional convention has proved to be unworkable, and the envisioned and desirable balance between national and state powers requires a means for the several states to propose amendments to the Constitution; and WHEREAS, This proposal embodies a sound and judicious method for constitutional amendment, providing for amendment initiated by a substantial majority of the several states and subject to veto by the Congress; now, therefore, be it RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That the Nevada Legislature hereby urges Congress to propose an amendment to Article V of the Constitution of the United States to provide that: 1. Whenever three-fourths of the legislatures of the several states approve a proposed amendment to the Constitution of the United States, the proposed amendment is valid as part of the Constitution of the United States unless disapproved by two-thirds of both Houses of Congress within 2 years after the 34th state approves the proposed amendment; and 2. Each state has the power to rescind its approval of the proposed amendment to the Constitution of the United States only until the 34th state approves the proposed amendment; and be it further RESOLVED, That the Nevada Legislature requests that the legislatures of the several states urge Congress to approve this amendment to the Constitution of the United States; 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 Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and each legislature of the several states. -30-