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5 years ago

Alabama House passes resolution calling for Convention of the States

Alabama House of Representatives
Alabama House of Representatives

The Alabama House of Representatives today passed House Joint Resolution 49, an application to Congress calling for a Constitutional Convention under Article V of the United States Constitution.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution. Each state would only get one vote on proposed amendments.

The resolution passed today by the Alabama House strictly limits the purpose of the proposed convention to three areas:

1) imposing fiscal restraints on the federal government through a balanced budget amendment; 2) limiting the power and jurisdiction of the federal government; and 3) implementing term limits on federal elected officials.

Rep. Ken Johnson, R-Moulton, told Yellowhammer that he introduced the resolution because he believes a convention is the last available option to force the federal government to live within its means.

“We’re calling for restraints on the federal government,” Johnson said. “That means an amendment that forces them to balance the budget and stops these overreaching federal mandates. We’re also calling for term limits on federal elected offices.”

Johnson said it is important that the states are able to limit the scope of the convention ahead of time, which his resolution does, to mitigate the risk of a “runaway convention.”

“Because we’ve never done it, the idea that there could be a ‘runaway convention’ is always brought up as a concern,” Johnson said. “The convention would be limited to a small set of issues. But on top of that, the safeguard is that it only takes 13 states to kill any runaway convention. If there aren’t 13 conservatives states left, we’re in trouble, period. And Washington is a runaway train right now anyway. How much more damage could be done?”

This resolution, unless rescinded by a succeeding Legislature, constitutes a continuing application until at least two-thirds of all State Legislatures have made application for a convention to provide for these purposes.

It now goes up to the Senate, where several legislators have already been actively involved in the process leading up to a potential Constitutional Convention.

In December of last year, Alabama state senators Arthur Orr, R-Decatur, and Trip Pittman, R-Daphne, joined roughly 100 state legislators from 32 states at Mt. Vernon, Virginia to discuss the ground rules of a potential Convention of the States.

State Sens. Trip Pittman, R-Daphne, and Arthur Orr, R-Decatur, at the Mount Vernon Assembly
State Sens. Trip Pittman, R-Daphne, and Arthur Orr, R-Decatur, at the Mount Vernon Assembly

The full resolution passed by the Alabama House today can be read below.

WHEREAS, the Founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent
spending; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, to propose amendments to the Constitution of the United States through a Convention of the States under Article V to place clear restraints on these and related abuses of power; now therefore,

BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOSUES THEREOF CONCURRING, That the Legislature of the States of Alabama hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments that impose fiscal restrains on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials.

BE IT FURTHER RESOLVED, That the Secretary of State is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and to the members of the Senate and House of Representatives of the United States Congress from this state; and to also transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two-thirds of the several states have made applications on the same subject.


Follow Cliff on Twitter @Cliff_Sims

2 hours ago

AL House Speaker Mac McCutcheon ‘can say for sure that you’ll see a lottery bill’ in 2019

With Mississippi recently adding sports betting to its legal gambling options, the pressure is on for Alabama to not only follow that lead, but to institute a state lottery as well.

While one prominent Republican state lawmaker already has predicted a sports gaming bill will be considered by the Alabama Legislature in 2019 yet be a long-shot to pass, Speaker of the House Mac McCutcheon (R-Monrovia) told WHNT that a lottery bill will definitely be on their agenda. However, its fate will be determined by the specifics of that now-hypothetical bill.

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“I can say for sure that you’ll see a lottery bill in the first session coming up,” McCutcheon said. “Now, I can’t determine what the vote’s going to be because I’ve got to see the bill.”

A sizable part of the debate will revolve around where the lottery proceeds would go: to education, the general fund or a combination of the two.

“Could be both, it’s hard to say at this point,” McCutcheon advised.

State Sen. Arthur Orr (R-Decatur), who chairs the important senate appropriations committee entitled Finance and Taxation Education, echoed that specifics will shape a lottery’s case, adding that education should be a part of the equation.

“I do think if you’re going to have a lottery, earmarking money for educational purposes tends to generate a more successful lottery than monies just going to the government,” Orr explained.

While McCutcheon knows a lot of the details are yet to be determined on a proposed lottery, he outlined what could sink the bill-to-be.

“If we have a lottery bill out there, it must be clearly defined so that the people of Alabama have no doubt what the lottery issue is going to be,” McCutcheon emphasized. “We don’t want to confuse that bill with other gambling interests. If it’s going to be a lottery, let’s make it a statewide lottery, so the people can look at it, and then let’s make a determination on how we’re going to vote on it.”

The lottery would go to a referendum of the people as a constitutional amendment if it was passed by the state legislature. The governor has no power to sign or veto a lottery bill.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

4 hours ago

VIDEO: Alabama Sen. Doug Jones’s easy out on Kavanaugh, Democrats must navigate state’s love of Trump, Alabama Socialist seek municipal office and more on Guerrilla Politics…

Radio talk show host Dale Jackson and Dr. Waymon Burke take you through this week’s biggest political stories, including:

— Will Judge Brett Kavanaugh be confirmed or not based on the he said/she said accusation?

— Does Sen. Doug Jones view his issues as a reason to vote against him or an excuse?

— How much does Alabama’s love of Trump effect Alabama Democrats’ chances?

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Jackson and Burke are joined by Republican candidate for State House (District 3) Andrew Sorrell.

Jackson closes the show with a “parting shot” directed at those who judge Kavanaugh’s accuser as telling the truth with no evidence.

6 hours ago

Rep. Gary Palmer warns Brett Kavanaugh brouhaha threatens America’s ‘experiment in self-government’ — ‘I think this is going to have consequences for the Democrats’

On Friday’s broadcast of Alabama Public Television’s “Capitol Journal,” Rep. Gary Palmer (R-Hoover) expressed his skepticism over the sincerity of Senate Democrats regarding the sexual misconduct allegations aimed at U.S. Supreme Court associate justice nominee Brett Kavanaugh.

Palmer warned that weaponizing a “scandal” in these situations may impact the country’s ability to self-govern.

“It looks to me like since the Democrats had this information as early as July, or maybe earlier than that, and they didn’t bring it forward — this was intended to derail the confirmation, not to do justice for an individual who claims to have been harmed,” he said. “And the thing that really concerns me about all of this, regardless of what side of the aisle you’re on, is how this impacts our ability to continue this experiment in self-government because when you weaponize scandal as a political weapon  — it’s very destructive to the process, not just the individuals involved, but the entire process.”

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He added that ultimately, this could backfire on Democrats.

“I think this is going to have consequences for the Democrats,” Palmer added. “At some point, you can cry wolf too many times. And again, I think this is dangerous for people that have been harmed. It will get to the point where it’s just another claim. And at the same time, you’ve got Keith Ellison, who I serve with in the House, who has a claim against him by a woman who is being totally dismissed by the left, even though there’s more evidence there. There’s text messages, documentation from her doctor — you see where this is heading? I’m very concerned for our country and what we’re doing to ourselves. I think it has dire consequences down the road.”

@Jeff_Poor is a graduate of Auburn University and is the editor of Breitbart TV.

8 hours ago

Rep. Martha Roby: Tax reform 2.0 gains momentum

Less than a year ago, Congress passed and the President signed into law the Tax Cuts and Jobs Act to simplify our complicated tax code and lower rates for all Americans. Thanks to tax reform and other pro-growth policies, our economy is booming. You don’t just have to take my word for it – here are some numbers from the month of August:

–U.S. employers added more than 200,000 jobs as wages increased at the fastest year-on-year pace since June of 2009.

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–Unemployment claims reached a 49-year low. The last time jobless claims fell to this point, it was December of 1969.

–Small business optimism hit a new record high.

–The number of individuals employed part-time who would prefer full-time work but could not find it has fallen to the lowest level since before the 2008-2009 recession.

–U.S. manufacturing grew at the fastest pace since May of 2004.

These numbers all serve as proof that the American people are better off now than they were just two years ago. I am eager to see this strong momentum continue, and I am glad to report that we aren’t slowing down our efforts to foster economic growth right here in the United States. Recently, the House Ways and Means Committee passed Tax Reform 2.0, a series of bills that would modify and build upon the Tax Cuts and Jobs Act.

The first bill in the series, H.R. 6760, the Protecting Family and Small Business Tax Cuts Act of 2018, would put in place several changes to the individual income tax rate. Since the Tax Cuts and Jobs Act provisions are set to expire at the end of 2025, perhaps the most important changes H.R. 6760 would implement are making the tax rate changes and the Child Tax Credit permanent.

According to a Tax Foundation study, making these individual income tax changes from the Tax Cuts and Jobs Act permanent would increase long-term Gross Domestic Product (GDP) by 2.2 percent and create 1.5 million new full-time equivalent jobs.

The second bill in the series, H.R. 6757, the Family Savings Act of 2018, includes a number of important reforms to retirement accounts. For example, individuals would be able to contribute up to $2,500 into a savings account annually, and any withdrawals would be tax free.

The third bill in the series, H.R. 6756, the American Innovation Act of 2018, would allow businesses to deduct their start-up costs. Businesses could either deduct the lesser of their start-up expenses, or for firms with more than $120,000 in expenses, deduct a flat amount of $20,000.

Our tax reform overhaul provides much needed relief to American families, creates jobs here in the United States, grows our economy, and allows hardworking taxpayers to keep more of their own money in their pocket. We now have a unique opportunity to continue delivering on our promise to give the American people more of the results they deserve.

Committee passage of Tax Reform 2.0 is just the first step in the legislative process to make parts of our tax overhaul permanent. I will continue to listen to the people I represent in Alabama’s Second District and work alongside my colleagues in Congress to improve this package of legislation as we move towards advancing these pro-growth policies to the House floor for a vote.

U.S. Rep. Martha Roby is a Republican from Montgomery.

9 hours ago

What you need to know about Alabama proposed constitutional amendments 3 & 4

On November 6, Alabamians will vote on four proposed statewide constitutional amendments. Although the first two amendments will likely receive the most attention (API’s analyses can be found on our website), amendments three and four deserve notice as well. They are, in fact, changes to the longest known constitution in the world.

We’ll start with Proposed Amendment Three, which addresses the University of Alabama’s Board of Trustees.

Currently, the Board of Trustees of the University of Alabama System – which governs UAB and UAH in addition to the Tuscaloosa campus – is composed of three members from the seventh congressional district (which includes Tuscaloosa), two members from each of the other six congressional districts, the governor and the state superintendent of education.

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If approved, this amendment would require that the Board continue to be made up of members of congressional districts as drawn on January 1, 2018. This means that, in the case that Alabama gains or, more likely, loses a congressional seat in 2020, the makeup of the board of trustees would not be affected nor thrown into disarray.

Additional stipulations include the removal of the state superintendent of education from automatic membership on the board and of the requirement that board members retire after their 70th birthday.

It is worth mentioning that the bill allowing this University of Alabama-specific amendment passed unanimously in both the State House and Senate.

Amendment Four, in contrast, will have a significantly wider impact if approved.

This amendment addresses something Alabamians have been hearing about for a while now–special elections. It is important to note on the front end, however, that it does not address special elections for the U.S. Congress like that of 2017. Instead, it impacts vacancies in the state legislature.

If accepted, legislative vacancies that occur on or after October 1 of the third year of a quadrennium (in other words, seats that become open only months before the final session of the legislature’s four-year term) would remain vacant until the next general election.

Currently, the governor is required to schedule a special election when state legislative vacancies occur. These elections cost the state money, create voter fatigue, and according to Senator Glover, the amendment’s sponsor, are “just bad government.”

In an interview with API, Senator Glover described one case where, thanks to a late special election, a legislator was sworn in on the last day of session. Cases like these, where relatively powerless legislators are added to the state payroll, will not occur if the amendment is approved.

The main purpose, according to Glover, is to “save some money and confusion.” He estimates that, if this language had been on the books earlier, the state would’ve saved “just under a million dollars” in 2018 alone. For example, this amendment would prohibit what will, come November, be four separate elections for Alabama’s 26 Senate seat in less than a year.

Additionally, the amendment received unanimous support when it passed the Senate and overwhelming support in the House earlier this year.

Although these two amendments are not as polarizing as amendments one and two, both are attempts to make the state better, and they should not be ignored.

Parker Snider is Manager of Policy Relations for the Alabama Policy Institute, an independent, nonpartisan, nonprofit research and educational organization dedicated to strengthening free enterprise, defending limited government, and championing strong families.