Mississippi
“That we do hereby, pursuant to Article V of the Constitution of the United States, make application to the Congress of the United States to call a convention of the several states for the proposing of the following amendment to the Constitution of the United States . . . The Congress shall make no appropriation for any fiscal year if the resulting total of appropriations for such fiscal year would exceed the total revenues[.]” – Mississippi HCR 51 (1975)
Representative Application
For each of the 40 States, one representative application has been highlighted. An explanation is provided as to why this application should be aggregated toward the total calling for a convention for proposing amendments. Additional applications from the State, if any, are also included.
Mississippi HCR 51 (1975) is among three states whose applications include specifically worded amendment language without specifying that they are to be counted together with substantially similar applications. In the absence of this language, scholars disagree as to whether the specifically worded language should be read as an example to better articulate the problem or a restriction. None of these three are necessary to reach the threshold of two-thirds of the states. The declaratory judgment action can succeed without them. Mississippi’s application contains several statements that indicate it may be intended to insist upon its specific text, but there is also a fair reading that says otherwise and any reading that makes the resolution passed by the legislature a nullity should be disfavored. On the one hand, they introduce their specific text with the phrase “make application to the Congress of the United States to call a convention of the several states for the proposing of the following amendment to the Constitution of the United States:” Further, their call only automatically rescinds if Congress proposes an amendment “identical with that contained in this resolution.” However, there is also some indication that Mississippi was aware that they can only control their own delegates and that the final wording would be determined by all 50 States working together at a Convention. They specified that their application would continue “until at least two-thirds (2/3) of the legislatures of the several states have made similar applications” not “identical” applications. Mississippi stated the problem of fiscal responsibility in several ways in their preamble and in the amendment text, including that Congress should “spend only the revenues that are estimated will be collected in a given fiscal year, except for certain specified emergencies.”
HCR 51 (1975)
A CONCURRENT RESOLUTION APPLYING TO THE CONGRESS FOR A CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
WHEREAS, an ever-increasing public debt Is inimical to the general welfare of the people of the United States; and
WHEREAS, the national debt is already dangerously high and any further increases will be harmful and costly to the people of the United States; and
WHEREAS, a continuous program of deficit financing by the Federal Government is one of the greatest factors supporting the inflationary conditions presently existing in this country and therefore has been the chief factor in reducing the value of the American currency; and
WHEREAS, payment of the Increased interest required by the ever-increasing debt would impose an undue hardship on those with fixed incomes and those in lower income brackets; and
WHEREAS, it is not in the best interest of either this or future generations to continue such a practice of deficit spending particularly since this would possible deplete our supply of national resources for future generations; and
WHEREAS, by constantly increasing deficit financing the Federal Government has been allowed to allocate considerable funds to wasteful and in many instances nonbeneficial public programs; and
WHEREAS, by limiting the Federal Government to spend only the revenues that are estimated will be collected in a given fiscal year, except for certain specified emergencies, this could possibly result in greater selectivity of Federal Government programs of the benefit of the public and which would depend upon the willingness of the public to pay additional taxes to finance such programs; and
WHEREAS, there is provision in Article V of the Constitution of the United States for amending the Constitution by the Congress, on the application of the legislatures of two-thirds (2/3) of the several states, calling a convention for proposing amendments which shall be valid to all intents and purposes when ratified by the legislatures of three-fourths (3) of the several states, or by conventions in three-fourths (3/4) thereof, as the one or the other mode of ratification may be proposed by the Congress:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby, pursuant to Article V of the Constitution of the United States, make application to the Congress of the United States to call a convention of the several states for the proposing of the following amendment to the Constitution of the United States:
“Article_____
SECTION 1. Except as provided in Section 3, the Congress shall make no appropriation for any fiscal year if the resulting total of appropriations for such fiscal year would exceed the total revenues of the United States for such fiscal year.
SECTION 2. There shall be no increase in the national debt and such debt, as it exists on the date on which this article is ratified, shall be repaid during the one-hundred-year period beginning with the first fiscal year which begins after the date on, which this article is ratified. The rate of repayment shall be such that one-tenth (1/10) of such debt shall be repaid during each ten-year interval of such one-hundred-year period.
SECTION 3. In time of war or national emergency, as declared by the Congress, the application of Section 1 or Section 2 of this article, or both such sections, may be suspended by a concurrent resolution which has passed the Senate and the House of Representatives by an affirmative vote of three-fourths (3/4) of the authorized membership of each such house. Such suspension shall not be effective past the two-year term of the Congress which passes such resolution, and if war or an emergency continues to exist such suspension, must be reenacted in the same manner as provided herein.
SECTION 4. This article shall apply only with respect to fiscal years which begin more than, six (6) months after the date on which this article is ratified.”
BE IT FURTHER RESOLVED, That this application by the Legislature of the State of Mississippi constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds (2/3) of the legislatures of the several states have made similar applications pursuant to Article V, but if Congress proposes an amendment to the Constitution identical with that contained in this resolution before January 1, 1976, this application for a convention of the several states shall no longer be of any force or effect.
BE IT FURTHER RESOLVED, That a duly attested copy of this resolution be immediately transmitted to the Secretary of the Senate of the United States; the Clerk of the House of Representatives of the United States; to each member of the Congress from this state; and to each house of each state legislature in the United States.
ADOPTED BY THE HOUSE OF REPRESENTATIVES
February 25, 1979
C B Newman
SPEAKER PRO TEMPORE HOUSE OF REPRESENTATIVES
Attest: Frances Hicks (Clerk)
ADOPTED BY THE SENATE
March 20, 1975
William F. Winter
PRESIDENT OF THE SENATE