Assembly Resolution No. 797

BY: M. of A. Zebrowski

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
concerning the rescission of all previous requests
by the New York State Legislature or either house
thereof for a convention under Article V of the
United States Constitution

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

WHEREAS, the legislature finds that:

a. Since its ratification, the United States Constitution has only
been amended 27 times; and

b. Despite continual debate, extreme political turmoil, shifting
views, and uncountable political, economic, and societal problems and
events, our nation has not had another Constitutional Convention since
1787; and

c. Article V of the United States constitution provides a vehicle for
amending the constitution upon application by "two thirds" of the
several States; and

d. Throughout its long and storied history, New York has made such
applications; and

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

f. Wealthy interest groups could exploit decisions made by our
ancestors to contort their intent to amending the Constitution and
removing or altering our rights; and

WHEREAS, the legislature declares that:

a. Although historical records maintained by the State of New York and
the Library of Congress are incomplete and, in some instances, unclear
as to the final disposition of joint resolutions previously passed by
the New York State Legislature to initiate a call to Congress for a
Constitutional Convention, it is reported that the New York State
Legislature has passed several such calls for a Constitutional
Convention since the 1780's. These calls include (1) Joint Resolution
(1789) calling broadly for amendments to the Constitution to promote the
common interests and secure the great and unalienable rights of mankind;
(2) Joint Resolution (1931) calling for the repeal of the eighteenth
amendment; and (3) Joint Resolution (1972) calling for the allowance of
public funds for secular education; and

b. 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. The need to advance these various
policy reforms should be debated anew, if necessary, and not bind future
generations without any consideration; now, therefore, be it

RESOLVED, (if the concur), That the Legislature does hereby
rescind, repeal, cancel, nullify, and supersede, any and all prior
applications by the Legislature to the Congress of the United States of
America 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 of America, 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 the historical records
maintained by the State or the Library of Congress; and be it further

RESOLVED, (if the concur), That the Secretary of State be,
and hereby is, directed to send a duly certified copy of this resolution
to the Senate of the United States and one to the House of
Representatives in the Congress of the United States; and be it further

RESOLVED, (if the concur), That the members of the
Legislature of the State of New York request that this Joint Resolution
be published in the Congressional Record 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.