SCR 98

THE SENATE
S.C.R. NO.
98
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
SENATE CONCURRENT
RESOLUTION
URGING THE UNITED STATES CONGRESS TO CALL A CONVENTION
FOR PROPOSING AMENDMENTS PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION
LIMITED TO PROPOSING AMENDMENTS THAT IMPOSE FISCAL RESTRAINTS ON THE FEDERAL
GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND
LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS AND MEMBERS OF CONGRESS.
���� WHEREAS, executive
orders by the President of the United States have become a vehicle through
which the President may overstep the limits of the President's constitutional
authority; and
���� WHEREAS, the
concentration of power at the federal level has the effect of making federal
officials less responsive to the will of the people and more readily influenced
by lobbyists, wealthy corporations, and special interests in Washington, D.C.;
and
���� WHEREAS, much
of federal law is now created by federal bureaucrats who were never elected by
the people and have no accountability to the people whatsoever; and
���� WHEREAS, policy
decisions made at the state level tend to be more responsive to the needs and
desires of the people; and
���� WHEREAS, the
federal government has accumulated a crushing national debt through improper
and imprudent spending; and
���� WHEREAS, Hawaii
has historically used federal funds for economic development that is subject to
federal fiscal restraints; and
���� WHEREAS, the
federal government has invaded the legitimate roles of the states through the
manipulative process of federal mandates, many of which are unfunded to a great
extent; and
���� WHEREAS, the
states have the ability to restore the responsiveness of government to the
people and to restrain abuses of federal power by proposing amendments to the United
States Constitution through a limited convention of the states under article V
of the United States Constitution; now, therefore,
���� BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that this
body urges and applies to Congress under the provisions of article V of the
United States Constitution to call for a convention of the states, limited to
proposing amendments to the United States Constitution that impose fiscal
restraints on the federal government, limit the power and jurisdiction of the
federal government, and limit the terms of office for its officials and members
of Congress; subject however to the following reservations, understandings, and
declarations:
���� (1)� An application to the United States Congress
to call an amendment convention of the states pursuant to article V of the
United States Constitution confers no power to Congress other than the power to
call such a convention, rather, the power of Congress to exercise this
ministerial duty consists solely of the authority to name a reasonable time and
place for the initial meeting of a convention;
���� (2)� Congress shall perform its ministerial duty of
calling an amendment convention of the states only upon the receipt of
applications for an amendment convention for substantially the same purpose as
this application from two-thirds of the legislatures of the several states;
���� (3)� Congress shall not have the power or authority
to determine any rules for the governing of an amendment convention of the
states pursuant to article V of the United States Constitution; furthermore,
Congress does not have the power to set the number of delegates sent by any
state to such a convention, nor does it have the power to name delegates to
such a convention; rather, the power to name delegates remains exclusively
within the authority of the legislatures of the several states;
���� (4)� By definition, an amendment convention of the
states means that states shall vote on the basis of one state, one vote;
���� (5)� A convention of the states convened pursuant
to this application shall be limited to consideration of the topics specified
herein and no other, which application is made with the express understanding
that an amendment that in any way seeks to amend, modify, or repeal any
provision of the Bill of Rights shall not be authorized for consideration at
any stage; furthermore, this application shall be void ab initio if ever
used at any stage to consider any change to any provision of the Bill of
Rights;
���� (6)� Pursuant to article V of the United States
Constitution, Congress may determine whether proposed amendments shall be
ratified by the legislatures of the several states or by special state
ratification conventions; the Legislature of the State of Hawaii recommends
that Congress select ratification by the legislatures of the several states;
and
���� (7)� The Legislature of the State of Hawaii may
provide further instructions to its delegates and may recall its delegates at
any time for a breach of duty or a violation of the instructions provided; and
���� BE IT FURTHER
RESOLVED that this application constitutes a continuing application in
accordance with article V of the United States Constitution until the
legislatures of at least two-thirds of the several states have made
applications on the same subject; and
���� BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Majority Leader and Secretary of the United States Senate, Speaker and Clerk of
the United States House of Representatives, members of Hawaii's congressional
delegation, and presiding officers of each of the legislative houses in each of
the other forty-nine states.
OFFERED BY:
_____________________________
Report Title:�
Convention
of the States; United States Constitution Article V