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CHANGING HOUSE RULE 2707

Published in Blog on January 03, 2023 by David Copeland

FACTS REFERENCES
Strong nationwide support for a Convention of States for amendments to impose fiscal restraints, limit federal power and set term limits.
                Support     65.7%
                    Oppose     16.6%
                    Note Sure 17.7%
The Trafalgar Group Nationwide Issues Survey, July 2022 (See Below)
67% of likely Kansas voters indicated that a Convention of States needs to happen.  Moore Information, 2018 polling (See Below)
The Kansas Legislature has failed to accede to the will of Kansas voters by passing a Convention of States resolution in four consecutive sessions.  
Article 2 § 13 of the Kansas Constitution was amended in 1974. The two-thirds majority-voting requirement was inserted by a voice vote on the last day of debate on the Article 2 amendment resolution. The entire rewrite of Article 2 was sent to Kansas voters without any description of changes or explanation that the changes would dilute the authority of Kansas voters to participate in the federal amendment process.  A two-thirds majority-voting requirement is not the will of Kansas voters.  

Reports of Special Committees to the 1974 Kansas Legislature, pp. 26-3 & 26-4. 

Journal of the Senate, March 26, 1974. HCR 1060 

Notice of Submission of Proposed Constitutional Amendments at Nov. 4, 1974, General Election, The Parsons Sun, Sept. 24, 1974 (See Below)

A state legislature is performing its federal function when applying for Congress to call a convention for proposing amendments and is under the sole authority of the US Constitution. A state constitution may not add requirements to the federal amendment process however a legislature may determine its own rules. 

Hawke v. Smith, 253 U.S. 221 (1920)Leser v. Garnett, 258 U.S. 130 (1922)Dyer v. Blair, 390 F. Supp. 1291 (N.D. Ill. 1975)Calzone v. Richard, (Mo. Cir. Ct. 2018) 

 

CONCLUSIONS:

  1. Kansans did not knowingly vote to dilute their authority in the U.S. Constitution. A two-thirds majority voting requirement is not the will of Kansas voters.  
  2. The will of Kansas voters is the Legislature applying for Congress to call a convention for proposing amendments to impose fiscal restraints, limits federal power and set term limits as shown by the votes in the Legislature (above) and the polling (below).

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