H-1224.1

HOUSE JOINT MEMORIAL 4005

ByRepresentatives Fitzgibbon, Mena, Parshley, Chase, Duerr, and Ramel

TO THE HONORABLE DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND THE DIRECTOR OF THE OFFICE OF THE FEDERAL REGISTRAR:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, The Washington State Legislature has made applications to the United States Congress to call one or more conventions to propose amendments to the United States Constitution, pursuant to Article V thereof; and

WHEREAS, The legislature finds that:

(1) Since ratification, the United States Constitution has been amended only 27 times;

(2) Despite civil war, robust debate, political turmoil, shifting views, and uncountable political, economic, and societal problems and events, our nation has not had another constitutional convention since 1787;

(3) Article V of the United States Constitution provides a vehicle for amending the Constitution upon application by two thirds of the several states;

(4) Throughout its history, Washington has made several such applications;

(5) Scholars differ as to whether such applications ever expire, and whether, regardless of the scope set forth in the applications, any convention would be required to abide by such scope; and

(6) Wealthy interest groups could exploit decisions made by our ancestors to amend the Constitution and remove or alter our rights; and

WHEREAS, The legislature declares that:

(1) Although historical records maintained by the State of Washington and the Library of Congress are incomplete and, in some instances, unclear as to the final disposition of legislation passed by the Washington State Legislature to initiate a call to Congress for a constitutional convention, it is reported that the Washington State Legislature has passed several such calls for a constitutional convention, including House Bill No. 90 (chapter 164, Laws of 1901), calling for a plenary convention application with no limitation on subject; House Bill No. 207 (chapter 61, Laws of 1903), calling for a plenary convention that specifically highlights the direct election of United States senators; Senate Concurrent Resolution No. 17 (1909), calling for a limited convention to ban polygamy in the United States Constitution; Senate Concurrent Resolution No. 17 (1911), calling for a limited convention to ban polygamy in the United States Constitution; and House Joint Memorial No. 1 (1963), calling for a limited convention to prohibit federal restraint of the state initiative power to redistrict and remove federal judicial oversight of redistricting; and

(2) It is unclear as a matter of constitutional law whether these calls ever expire, and current generations may now be bound by decisions made in a different time and culture; and

(3) The need to advance policy reforms through a constitutional convention should be debated anew, if necessary, and not bind future generations without any consideration;

NOW, THEREFORE, The Legislature of the State of Washington does hereby officially rescind, repeal, cancel, nullify, and supersede any and all prior applications by the legislature to the Congress of the United States to call a constitutional convention to propose amendments to the Constitution of the United States pursuant to the terms of Article V of the Constitution of the United States, regardless of when and regardless of whether such applications were for a more limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects, whether or not the calls are confirmed by historical records maintained by the state or the Library of Congress.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Donald J. Trump, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, and the Director of the Office of the Federal Registrar; and

BE IT FURTHER RESOLVED, That your Memorialists respectfully pray that this Joint Memorial be published in the Congressional Records and listed in the official tally of state legislative applications relating to calling for the United States Congress to call a convention to propose amendments to the United States Constitution, stating definitively that the state of Washington should not be included in that number until such time as a future legislature duly passes a new application.

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