Constitutional Amendment Requiring State Approval for Increases in Federal Debt Exposed

The Constitutional Amendment Requiring State Approval for Increases in Federal Debt was adopted by ALEC's Tax and Fiscal Policy Task Force and approved by the ALEC Board of Directors on January 7, 2011. A nearly identical version of this bill was published on ALEC.org, language removed from the original draft is indicated with strikethrough text, additions given in bold. (Accessed June 16, 2016).

ALEC Bill Text

WHEREAS, Article V of the Constitution of the United States provides authority for a Convention to be called by the Congress of the United States for the purpose of proposing amendments to the Constitution upon application of two-thirds of the Legislatures of the several States (“amendments convention”) and,

WHEREAS, the Legislature of the State of {insert state} favors the proposal and ratification of an amendment to said Constitution, which shall provide that an increase in the federal debt requires approval from a majority of the legislatures of the separate States.

Therefore, be it resolved:

Section 1.

That, as provided for in Article V of the Constitution of the United States, the Legislature of the State of {insert state} herewith respectfully applies for an amendments convention to be called for the purpose of proposing an amendment which shall provide that an increase in the federal debt requires approval from a majority of the legislatures of the separate States.

Section 2.

That the amendments convention contemplated by this application shall be entirely focused upon and exclusively limited to the subject matter of proposing for ratification an amendment to the Constitution providing that an increase in the federal debt requires approval from a majority of the legislatures of the separate States.

Section 3.

Notwithstanding anything to the contrary set forth above, this application shall be held for naught and deemed rescinded under either of the following conditions:

This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application for an equivalently limited amendments convention.

A. Congress shall first propose an amendment for ratification by the States pursuant to Article V of the Constitution of the United States exclusively stating, “An increase in the federal debt requires approval from a majority of the legislatures of the separate States,” prior to its receipt of the amendments convention applications of thirty-four States proposing the same subject matter as this application.

B. Congress calls an amendments convention to consider any subject matter other than an amendment providing that an increase in the federal debt requires approval from a majority of the legislatures of the separate States, based upon its receipt of the amendments convention applications of thirty-four States proposing the same subject matter as this application.

Section 4.

BE IT FURTHER RESOLVED THAT a certified copy of this application be dispatched by the Secretary of State (or other responsible constitutional officer), to the President of the United States Senate, to the Speaker of the United States House of Representatives, to each member of the applicant’s delegation to the United States Congress, and to the presiding officers of each house of the several state legislatures, requesting their cooperation in applying for the amendments convention limited to the subject matter contemplated by this application.

Section 5 {Severability clause.}

Section 6 {Repealer clause.}