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A JOINT RESOLUTION
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urging the Congress of the United States to propose for |
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ratification an amendment to the United States Constitution which |
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would prohibit, with one exception, the practice of abortion within |
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the United States or in any place subject to their jurisdiction or, |
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in the alternative, applying to Congress to call a convention, |
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pursuant to Article V of that Constitution, for the specific and |
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limited purpose of proposing such an amendment to that Constitution |
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for ratification. |
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WHEREAS, Innocent human life in the United States is entitled |
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to the protection of American laws which ought not to be abridged by |
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act of any legislative body or by any court's so-called |
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"interpretation" of the Constitution of the United States; and |
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WHEREAS, On January 22, 1973, the United States Supreme |
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Court, in the case of Roe v. Wade (410 U.S. 113), legalized abortion |
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on demand throughout the United States; and |
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WHEREAS, The actions of judicial bodies in this nation have |
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placed innocent human life in jeopardy by reason of age, biologic |
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development, or status as not yet born; and |
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WHEREAS, In the aforementioned Roe v. Wade decision, the |
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U.S. Supreme Court nullified the laws of Texas--and numerous other |
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states--relative to abortion and has misconstrued the |
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U.S. Constitution in a way that permits the destruction of unborn |
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human life; and |
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WHEREAS, Of the 27 amendments thus far incorporated into our |
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federal Constitution, four of them unmistakably were offered to |
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reverse decisions of the U.S. Supreme Court: |
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(1) The 11th Amendment invalidated Chisholm v. Georgia |
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(1793) by guaranteeing the immunity of states from lawsuits by |
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citizens of another state or a foreign country; |
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(2) The 14th Amendment voided Dred Scott v. Sandford |
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(1857) by guaranteeing the civil rights and citizenship of |
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African-Americans; |
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(3) The 16th Amendment overrode Pollock v. Farmers' |
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Loan and Trust Co. (1895) by expressly giving Congress the power to |
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levy an income tax; and |
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(4) The 26th Amendment abrogated Oregon v. Mitchell |
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(1970) by permitting individuals aged as young as 18 years to vote, |
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in all federal, state, or local elections--uniformly nationwide; |
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and |
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WHEREAS, Article V of the U.S. Constitution allows the |
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legislatures of the several states to apply to Congress for the |
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calling of a convention to propose an amendment to that |
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Constitution which amendment, if proposed and then ratified, would |
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put an end to indiscriminate abortion on demand; and |
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WHEREAS, Thus far, the legislatures of a number of states |
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have already applied to Congress for the calling of such a |
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convention to propose for ratification a federal constitutional |
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amendment that would reverse Roe v. Wade, and its progeny, and those |
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still-pending convention applications have been officially |
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received by Congress as follows: |
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(1) The General Assembly of the State of Indiana in |
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1973 (Senate Joint Resolution No. 8--Public Law No. 352) found with |
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its verbatim text published in the Congressional Record of January |
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21, 1974, at page 14, and duly referred to the United States |
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Senate's Committee on the Judiciary; |
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(2) The General Assembly of the State of Missouri in |
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1975 (Senate Concurrent Resolution No. 7) found with its verbatim |
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text published in the Congressional Record of May 5, 1975, at page |
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12867, and duly referred to the U.S. Senate's Committee on the |
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Judiciary; |
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(3) The General Assembly of the State of Arkansas in |
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1977 (House Joint Resolution No. 2) found with its verbatim text |
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published in the Congressional Record of May 20, 1977, at pages |
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15808 and 15809, and duly referred to the U.S. Senate's Committee |
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on the Judiciary; |
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(4) The General Court of the Commonwealth of |
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Massachusetts in 1977 (unnumbered resolution) found with its |
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verbatim text published in the Congressional Record of July 1, |
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1977, at page 22002, and duly referred to the U.S. Senate's |
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Committee on the Judiciary; |
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(5) The Legislature of the State of New Jersey in 1977 |
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(Senate No. 1271) found with its verbatim text published in the |
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Congressional Record of April 5, 1977, at page 10481, and duly |
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referred to the U.S. Senate's Committee on the Judiciary; |
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(6) The General Assembly of the State of Rhode Island |
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and Providence Plantations in 1977 (H-5159) found with its verbatim |
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text published in the Congressional Record of May 20, 1977, at pages |
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15808 (POM-188) and 15809 (POM-190), and duly referred to the |
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U.S. Senate's Committee on the Judiciary; |
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(7) The General Assembly of the Commonwealth of |
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Kentucky in 1978 (House [Concurrent] Resolution No. 7) found with |
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its verbatim text published in the Congressional Record of March |
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23, 1978, at page 8266, and duly referred to the U.S. Senate's |
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Committee on the Judiciary; |
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(8) The unicameral Legislature of the State of |
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Nebraska in 1978 (Legislative Resolution No. 152) found with its |
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verbatim text published in the Congressional Record of May 4, 1978, |
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at page 12694, and duly referred to the U.S. Senate's Committee on |
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the Judiciary; |
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(9) The General Assembly of the Commonwealth of |
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Pennsylvania in 1978 (House Bill No. 71 described as a "Joint |
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Resolution") found with its verbatim text published in the |
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Congressional Record of April 25, 1978, at page 11438, and duly |
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referred to the U.S. Senate's Committee on the Judiciary; |
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(10) The Legislature of the State of Mississippi in |
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1979 (House Concurrent Resolution No. 3) found with its verbatim |
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text published in the Congressional Record of February 26, 1979, at |
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page 3196, and duly referred to the U.S. Senate's Committee on the |
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Judiciary; |
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(11) The Legislature of the State of Nevada in 1979 |
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(Senate Joint Resolution No. 27--File No. 117) found with its |
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verbatim text published in the Congressional Record of June 25, |
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1979, at page 16350, and duly referred to the U.S. Senate's |
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Committee on the Judiciary; and |
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(12) The Legislature of the State of Alabama in 1980 |
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(Senate Joint Resolution No. 9--Act No. 80-281) found with its |
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verbatim text published in the Congressional Record of May 8, 1980, |
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at page 10650, and duly referred to the U.S. Senate's Committee on |
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the Judiciary; and |
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WHEREAS, While such amendatory proposals have been offered |
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over the years by some of its members, Congress has nevertheless not |
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acted upon the earnestly sought-after federal constitutional |
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amendment--and further prodding in that regard is obviously needed; |
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and |
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WHEREAS, In The Federalist No.85, Alexander Hamilton |
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advised that "[w]e may safely rely on the disposition of the State |
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legislatures to erect barriers against the encroachments of the |
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national authority" and the calling of a convention, as envisioned |
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in Article V of the U.S. Constitution, would be an example of what |
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Hamilton alluded to; now, therefore, be it |
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RESOLVED, By the 85th Legislature of the State of Texas, |
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Regular Session, 2017, that the Congress of the United States be |
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respectfully urged to propose, and submit for ratification, an |
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amendment to the United States Constitution that would overturn Roe |
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v. Wade and clearly prohibit the practice of abortion on |
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demand--with the exception of saving the life of the |
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mother--uniformly throughout the United States and in any place |
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subject to their jurisdiction; and, be it further |
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RESOLVED, That if Congress does not propose such an amendment |
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on its own initiative by December 31, 2018, then, in the |
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alternative, the 85th Texas Legislature, pursuant to Article V of |
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the U.S. Constitution, does hereby apply to Congress to call a |
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convention for the purpose of proposing just such a constitutional |
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amendment for ratification; and, be it further |
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RESOLVED, That Congress--or delegates to the convention, if |
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called--be encouraged to consider, ponder, mull over, and |
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contemplate the following recommended text, among any other |
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possibilities, for such a proposed federal constitutional |
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amendment: |
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"ARTICLE ___ |
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"SECTION 1. With respect to the right to life, the |
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word 'person' as used in this Article and in the Fifth and |
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Fourteenth Articles of Amendment to this Constitution applies to |
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all human beings, irrespective of age, health, function, or |
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condition of dependency, including their unborn offspring at every |
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stage of such unborn offspring's biological development. |
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"SECTION 2. No unborn person shall be deprived of life by |
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any person; provided, however, that nothing in this Article shall |
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prohibit a law permitting only those medical procedures necessary |
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to prevent the death of the mother, as a result of the pregnancy, |
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and as determined by the opinions of at least two competent and |
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credentialed medical professionals. |
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"SECTION 3. The Congress, and the several states, shall |
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have power to enforce this Article by appropriate legislation."; |
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and, be it further |
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RESOLVED, That the convention application component of this |
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joint resolution be automatically rescinded if: |
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(1) Congress itself proposes for ratification the |
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desired federal constitutional amendment, either prior to, or |
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within 90 calendar days after, the legislatures of two-thirds of |
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the several states have made similar application requesting a |
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convention for the exclusive purpose of proposing such an |
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amendment; |
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(2) The U.S. Supreme Court officially rules that a |
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convention of this type cannot be limited exclusively to |
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consideration of only one particular proposed amendment covering |
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only one specific topic; or |
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(3) A convention assembled pursuant, in part, to this |
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joint resolution in some way, form, or fashion, strays from or |
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transcends the confined purpose and restricted subject matter as |
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specified in this joint resolution; and, be it further |
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RESOLVED, That, except as otherwise provided in this joint |
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resolution, its convention application component is hereby |
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established as a continuous and ongoing such application, in |
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accordance with Article V of the federal Constitution, until such |
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time as: |
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(1) The Texas Legislature deems fit to rescind it; or |
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(2) At least two-thirds of the legislatures of the |
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several states shall have similarly applied for a convention |
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strictly to propose a federal constitutional amendment limited to |
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the same subject matter and Congress shall have fully performed its |
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constitutionally-obligated duty to actually call that convention |
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when Congress is presented with valid applications from the |
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requisite number of state legislatures demanding that Congress do |
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so; and, be it further |
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RESOLVED, That, in a manner which would furnish confirmation |
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of delivery and tracking while en route, the Secretary of State of |
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the State of Texas shall transmit properly certified copies of this |
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joint resolution--pursuant to the Standing Rules of the United |
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States Senate, namely, Rule VII, paragraphs 4, 5, and 6--to the |
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Vice-President of the United States (in his capacity as presiding |
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officer of the U.S. Senate and addressed to him at Suite No. S-212 |
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of the United States Capitol Building); to the Secretary and |
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Parliamentarian of the U.S. Senate; and to both United States |
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Senators representing Texas; accompanied by a cover letter to each |
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addressee drawing attention to the fact that it is the 85th Texas |
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Legislature's courteous, yet firm, request that the full and |
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complete verbatim text of this joint resolution be duly published |
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in the U.S. Senate's portion of the Congressional Record, as an |
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official memorial to the U.S. Senate, and that this joint |
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resolution be referred to whichever committee(s) of the U.S. Senate |
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that would have appropriate jurisdiction over this joint |
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resolution's subject matter; and, be it further |
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RESOLVED, That, in a manner which would furnish confirmation |
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of delivery and tracking while en route, the Secretary of State of |
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the State of Texas shall likewise transmit properly certified |
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copies of this joint resolution--pursuant to the Rules of the |
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United States House of Representatives, namely, Rule XII, clauses 3 |
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and 7--to the Speaker, Clerk, and Parliamentarian of the U.S. House |
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of Representatives; and to all members of the U.S. House of |
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Representatives who represent districts in Texas; likewise |
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accompanied by a cover letter to each addressee drawing attention |
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to the fact that it is the 85th Texas Legislature's courteous, yet |
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firm, request that the substance of this joint resolution be duly |
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entered in the U.S. House of Representatives' portion of the |
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Congressional Record, as an official memorial to the U.S. House of |
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Representatives, and that this joint resolution be referred to |
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whichever committee(s) of the U.S. House of Representatives that |
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would have appropriate jurisdiction over this joint resolution's |
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subject matter. |