WHEREAS, Article V of the Constitution of the United States, after the application of two-thirds (2/3) of state legislatures, reserves to Congress the exclusive authority to call a convention for proposing constitutional amendments; and
WHEREAS, the Supreme Court of the United States ruled in Dillon v. Gloss that
Congress alone reserves the power to "deal with subsidiary matters of detail…”: under the U.S. Constitution, which likely includes the manner of convening a constitutional convention under Article V; and
WHEREAS, former Justice of the United States of America, 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:
WHEREAS, the Wyoming Legislature adopted House Joint Resolution 7 in 2009,
specifically rescinding past resolutions requesting Congress to convene an Article V constitution convention.
WHEREAS, the Wyoming Legislature desires to reaffirm its commitment to the U.S. Constitution by rescinding a resolution adopted in 2017, which requested Congress to convene an Article V constitutional convention; and
BE IT RESOLVED, the Wyoming Republican Party calls on the legislature of the State of Wyoming to rescind, nullify, and supersede House Joint Resolution 2, adopted in 2017, regarding a balanced budget amendment to the U.S. Constitution.
Passed:
Wyoming Republican Party, 22 May 7 State Convention