For a .pdf copy of the Balanced Budget Amendment go to:
Balanced Budget Amendment.
For a .pdf copy of the Delegate Resolution for
the BBA go to:
BBA Delegate Resolution.
for a .pdf copy of the Application on Congress go
to:
Application on Congress
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others:
http://youtu.be/iUWWclxBm4Y
____________________________________________________________________________________________________________
THE LEGISLATURE OF THE STATE OF
_________________
Joint Resolution No. ____________
Title: DELEGATE RESOLUTION
Instructions to Delegates at the “Balanced
Budget Amendment Convention” which was Called
by the State of _________________’s
Legislature in Joint Resolution No. ______________
____________________________________________________________________________________________________________
Whereas,
Article IV, Section 4 of the Constitution of the United States guarantees to
every State a Republican form of government that gives each State equal
standing when calling for a Federal Amendment Convention. Article V of the
Constitution of the United States reserves to the State Legislatures the right
to Call for a Federal Convention for the purpose of proposing amendments
to the United States Constitution when Congress, the Courts, and/or the
Executive Branch refuse to address an egregious wrong suffered by the people;
and
Whereas,
The State Legislatures alone have the authority to “limit” the agenda
and authority of Delegates and/or Alternates (hereafter referred to as
“Delegates”) they send to a convened Federal Convention. This authority
does not reside in the United States Congress, nor in the Federal or State
Courts nor in the Executive Branch. This authority resides solely in State
Legislatures.
WHEREAS, The authority of Congress, under
Article V of the United States Constitution, requires it to convene a
Convention as Called for and defined by the State Legislatures of the Several
States; and
WHEREAS, The “Delegates” sent by the
_________________ State Legislature to the Balanced Budget
Amendment Convention (hereafter referred to as “Convention”) are
Ambassadors of the State of _________________ and required to fulfill the
Commission assigned to them by the Legislature of _________________. They are
not free agents. They are empowered only to complete the terms and conditions
defined in this Delegate Resolution (hereafter referred to as
“Resolution”).
WHEREAS, _________________’s State Legislature
hereby defines the duties and limits the authority of its Delegates at
the Convention in this Resolution;
Resolved by the Legislature of
_________________;
The State of _________________ hereby
authorizes that Delegates be summoned and appointed to participate at
the convened Convention according to the terms and conditions set forth
in this Resolution.
The number and qualifications of Delegates (or
Alternates if authorized) to be sent to the convened Convention will be
decided by the State Legislature after the United States Congress summons
Delegates from the State of _________________ to the convened Convention.
1.
The Legislature of the State of _________________ can add to, replace
or remove any Delegate or Alternate if in its sole discretion such action is
necessary.
2.
Alternates will have no official role at the Convention and
can attend the Convention only if the State Delegations at the
Convention vote to allow their attendance and/or the _________________
State Legislature appoints an Alternate to take the place of a Delegate at
the Convention.
3.
The State of _________________ reserves to itself the right to alter
and change this Resolution if in its sole discretion such action is
necessary. Delegates will be bound by any such alteration or change
to this Resolution.
The Legislature of the State of
_________________ hereby instructs and authorizes its Delegates at the
Convention to vote to send the Balanced Budget Amendment,
as herein written in Section E, back to the States for ratification via the
United States Congress. _________________’s Delegates are prohibited to vote
for any alternate Amendment or modified version of the Balanced
Budget Amendment that might be introduced at the Convention and
they are hereby instructed to do all in their power at the Convention
to secure a vote that approves sending the Balanced Budget
Amendment back to the States for ratification.
The Legislature of the State of
_________________ will not vote to ratify any alternate Amendment or modified
version of the Balanced Budget Amendment that may be sent to it
for ratification via Congress by the Convention. Only the
Balanced Budget Amendment, as herein written, will be considered by the
_________________ State Legislature for ratification.
The Legislature of the State of
_________________ upon the enactment of this Resolution, will select
and appoint three members to the Delegate Credential Committee (hereafter
referred to as Committee). The Committee will have the
responsibility and requisite authority to perform each of its assigned duties
(charges) described in SECTION A.
1.
Committee
members can be added to, replaced or removed if in the sole discretion of
the State Legislature such action is necessary.
2.
Each member of the Committee is required to take the following
oath and sign a Pledge Document confirming that the oath has been taken and
agreed to. The following oath shall be administered by Leadership in the
House and/or Senate:
“I pledge to follow the instructions and
charges in this Resolution and any other directives given to me by the
State of _________________’s Legislature from the date I am appointed to the
Committee and during the full term of the Convention to the best
of my abilities so help me God.”
SECTION A.
DUTIES OF THE “DELEGATE CREDENTIAL COMMITTEE”
Committee
members shall follow the directives in this Resolution and any
supplemental instructions from the State Legislature.
The Committee will have the requisite
authority to remove or replace any Delegate or Alternate if, in its sole
discretion, such action is necessary.
The “Committee” is charged with the
following duties:
1.
Decide all matters among Committee members with a simple
majority vote.
2.
Function as the official facilitator for the State Legislature as
required in this Resolution.
3.
Appoint Delegates to the Convention who the
_________________ State Legislature has summoned and authorized.
4.
Appoint one likeminded Delegate to serve as the Chairman of
_________________’s State Delegation and to be the Spokesman for the State
Delegation at the Convention.
5.
Appoint one Delegate to serve as the Assistant Chairman of
_________________’s State Delegation and to be the Spokesman in the absence
of the Chairman.
6.
Issue to each certified Delegate and/or Alternate (including the
Chairman and Assistant Chairman) a Certification Certificate after they have
satisfactorily:
a.
Met the requisite qualifications established by the State
Legislature,
b.
Taken the applicable oath in Item 9. of Section A., and
c.
Confirmed their oath by signing a separate Pledge Document
7.
Issue to each Certified Delegate and/or Alternate (including the
Chairman and Assistant Chairman) a “Convention Pass” that will authorize
their admission and participation at the Convention.
8.
Notify the _________________ State Legislature of the financial or
other needs the _________________ State Delegation has at the Convention.
9.
Administer the following oaths to the applicable candidate before
issuing Certifications:
DELEGATES
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature,
whether such directive is given to me directly or indirectly, from the time I
am certified by the Committee to be a Delegate and during the full term
of the Balanced Budget Amendment Convention, to the best of my
abilities so help me God.”
ALTERNATES
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature,
whether such directive given to me directly or indirectly, from the time I am
certified by the Committee to be an Alternate and during the full term
of the Balanced Budget Amendment Convention to the best of my
abilities so help me God.”
CHAIRMAN OF _________________’S STATE
DELEGATION
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature, from
the time I am certified by the Committee to be the Chairman of
_________________’s State Delegation and during the full term of the
Balanced Budget Amendment Convention, to the best of my abilities
so help me God.”
ASSISTANT CHAIRMAN OF _________________’S STATE
DELEGATION
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature,
whether given to me directly or indirectly, from the time I am certified by
the Committee to be the Assistant Chairman of _________________’s State
Delegation and during the full term of the Balanced Budget
Amendment Convention, to the best of my abilities so help me God.”
10.
Monitor the activities of _________________’s State Delegation.
11.
Keep close communications with the Chairman and Assistant Chairman
and provide needed assistance when requested.
a.
When possible inform the Chairman and Assistant Chairman which States
at the Convention have enacted a Resolution similar to this
one for their Delegates.
b.
Report to the State Legislature periodically which States at the
Convention have enacted a Resolution similar to this one for
their Delegates.
12.
Monitor the activities, deliberations and all votes by the States at
the Convention.
13.
Make periodic reports and provide in depth analysis to the
_________________ State Legislature regarding the events at the
Convention.
a.
Include reports and recommendations on upcoming votes at the
Convention.
b.
Include an analysis of the prospects for the pre-drafted Balanced Budget Amendment, as herein written, being approved by the
Convention and sent to the States for ratification.
c.
Include problems and successes that have or are likely to occur
before a vote by the Convention is taken to send the Balanced Budget Amendment to the States for ratification.
d.
Make appropriate recommendations to the _________________ State
Legislature on what further action is needed by the Delegates and/or the
State Legislature to assure a favorable vote by the Convention for
the Balanced Budget Amendment.
14.
The Committee shall have the authority to determine if a
Delegate or Alternate violated the provisions of this Resolution and
to decide if the Delegate’s “Credentials” should be invalidated. The
Committee’s decision will be final and there will be no appeal.
a.
A Delegate who has had his “Credentials” invalidated shall
immediately forfeit all right to represent the State of _________________ at
the Convention and immediately be dismissed as a Delegate in
_________________’s State Delegation. His/her Certification as a Delegate
and Convention Pass will be cancelled. He/she will have no further
authorization to participate at any events at the Convention.
SECTION B. DUTIES OF THE CHAIRMAN OF _________________’S STATE DELEGATION
The Chairman of _________________s State
Delegation will be required to follow the directives in this Resolution
and others that may be issued, from time to time, by the “Committee” or by the
State Legislature.
DUTIES AND RESPONSIBILITIES OF
_________________’S CHAIRMAN
The Chairman is charged with completing the
following:
1.
Join with other State Delegations to open the Convention for
business.
2.
Make certain that there is always at least one Delegate from
_________________’s State Delegation at every business meeting and roll call
at the Convention.
a.
If the Delegate is not the assigned Spokesman, then authorize the
Delegate to cast ballots in the Spokesman’s absence according to the terms
and provisions of this Resolution.
b.
The _________________’s State Delegation must always have at least
one likeminded Delegate during all business meetings and roll calls at the
Convention.
3.
Distribute to all Delegates from _________________ a pocket
size copy of the United States Constitution.
4.
Instruct Delegates of the mandate in Article IV, Section 4 of the
United States Constitution that guarantees to each State a Republican form
of government which gives each State equal standing when Calling for a
Convention and when voting at and organizing a Convention.
5.
Work closely with Chairman from other State Delegations to find
mutual agreement on the objectives in this Resolution.
6.
Assign to _________________’s Delegates the following duties:
a.
Divide the number of Delegates in the of 50 State Delegations at the
Convention by the number of _________________’s Delegates. Assign to
each of _________________’s Delegates a proportionate number of Delegates
from other State Delegations for the purpose of gaining consensus and
agreement among the State Delegations that the Balanced Budget
Amendment, as herein written, should be sent to the States for
ratification.
7.
Build a consensus between at least 26 State Delegations at the
“Convention” to:
a.
Require a simple majority vote at all roll calls to decide any and
all matters brought before the Convention, including the question of
whether the Balanced Budget Amendment, as herein written,
should be sent to the States for ratification.
b.
Require that each State Delegation at the Convention has only one
vote regardless of the number of Delegates in a State Delegation or the
population of a State (Article IV, 4 U.S. Constitution).
c.
Nominate and install Convention Officials who -
1.
Come from a State that has passed this Resolution for their
Delegates, and
2.
Who agree with sending the Balanced Budget Amendment,
as herein written, to the States for ratification.
d.
Require a quorum of 26 State Delegations before business can be
conducted and before a vote can be taken to decide any and all matters that
may be presented at the Convention.
e.
Build a consensus of at least 26 State Delegations to work together
for the mutual goal of sending the Balanced Budget Amendment,
as herein written, back to the State for ratification.
f.
Build a consensus of at least 26 State Delegations that agree that
the deliberations at the Convention are to be terminated by the end
of 180 days from the date it is convened, unless the Convention votes
to extend the termination date by 180 days. No other extensions are to be
allowed.
8.
The United States Constitution in Article IV, Section 4 guarantees to
each State a Republican form of government which gives each State equal
standing when Calling for an Amendment Convention and when voting for
proposed Amendments at a Convention, regardless of the State’s population or
number of Delegates sent to a Convention.
9.
Further duties of _________________ ‘s Chairman:
a.
Work with at least 26 other States to require that the Convention
be organized in such a way that each State has one vote on all matters
brought to the Convention floor for a vote.
b.
Cast _________________’s vote to require “One” vote per State
Delegation.
c.
Nominate a candidate to be President of the Convention who
comes from _________________‘s Delegation (if possible).
d.
If necessary call for a vote for a candidate to be President who is
likeminded and comes from a State that has enacted this Resolution,
whether or not you nominated the candidate to be President.
e.
Do all in your power to avoid the nomination of a President who does
not come from a State that did not pass this Resolution.
i.
If the State Delegations choose a President who does not come from a
State that did not pass this Resolution, then continue in your
deliberations at the Convention with the determination to honor the
instructions in this Resolution.
f.
Assuming the elected President comes from the State of
_________________ or from a State that has passed this Resolution,
his/her duties shall be:
i.
Securing a vote from the State Delegations requiring that this
Resolution be the “Rules of Order” at the Convention
·
(“Robert’s Rules of Order” can
be adopted to carry on deliberations at the Convention if they do not
conflict with this Resolution).
ii.
Following the terms, directives and requirements in this
Resolution.
iii.
Staying focused on the purpose the _________________State Legislature
had when authorizing a Call on Congress to convene the Balanced
Budget Amendment Convention which is to decide if the Balanced Budget Amendment, as here in written in Section E, should be
sent to the States for ratification.
iv.
Providing Security measures as may be needed at the “Convention”.
v.
Prohibiting weapons or objects that can be construed as weapons from
entering the Convention.
vi.
Officiating the nomination and installation of all Officers at the
“Convention”.
vii.
Establishing the agenda at the “Convention” as defined in this
“Resolution”.
viii.
Providing equal time for all States whether for or against sending
the Balanced Budget Amendment to the States for ratification.
ix.
Prohibiting the introduction at the “Convention” of any subject
matter or issue other than matters relating to the Balanced
Budget Amendment, as herein written, and if it should be sent to the
States for ratification.
x.
Expediting deliberations by the State Delegations and preventing
unnecessary delays.
xi.
As quickly as possible, allow a roll call for the State Delegations
to decide if the Balanced Budget Amendment, as herein
written, should be sent to the States via Congress for ratification.
xii.
Authorizing appropriate roll calls at the “Convention”.
xiii.
Denying all efforts to introduce other Amendments to the
Convention, including any modification(s) or alteration(s), of any kind,
to the Balanced Budget Amendment, as herein written.
xiv.
Settling disputes.
xv.
Terminating the Convention Credentials of any Delegate,
including Convention Officials, for violating the terms of this
Resolution or for causing Security problems at the Convention.
xvi.
Establishing procedures for installing and recognizing Alternates who
are to become Delegates.
xvii.
Closing the deliberations at the “Convention” after the final
votes are taken that will decide if the Balanced Budget Amendment
should be sent to the States for ratification and by which mode of
ratification the Convention is proposing to Congress.
xviii.
Reporting to the United States Congress, the 50 State Legislatures
and the media the decision of the Convention regarding sending the
Balanced Budget Amendment to the States for ratification and the
Convention’s recommendation to Congress as to which mode of
ratification should be followed.
xix.
Making formal requests to the State Legislatures, through
representatives in the 50 State Delegations, for monies that will be needed
to carry on the business of the “Convention”.
xx.
Requiring that the “Convention” be closed to all media and
news groups. Only delegates appointed by their State Legislatures, security
screened suppliers, security staff, custodial staff and personnel who are
needed for carrying out the business of the “Convention” are to be
given security passes and permitted into the “Convention”.
xxi.
If a candidate for President of the Convention wins the Presidency
and he does not come from a State that has enacted this Resolution,
then it is the Duty of the Chairman and the Delegates in the . . . . . . . .
. . . . . . . . . . . State Delegation to use every means at their disposal
to influence a favorable vote by the Convention to send the
Balanced Budget Amendment, as herein written, to the
States for ratification.
·
The Chairman and
_________________’s State Delegation, in such a case, are still required to
follow the directives in this Resolution to the best of their
abilities.
xxii.
Follow the procedures above (Section 8. through 8.e,i) for electing
a Vice President, Secretary, Treasurer or other officer as the Convention
deems necessary. The President shall be responsible to define the duties
for each office in accordance to the requirements of this Resolution.
xxiii.
If the Chairman of the _________________ State Delegation has not
succeeded in securing a favorable vote to require a quorum of 26 States in
order to conduct business, then introduce this quorum requirement to the
Convention floor for a vote. Call for a vote on the Convention
floor that would require any and all matters brought before the
“Convention” to be decided with a majority vote with each State
Delegation having one vote. Follow the applicable procedures in “Section B.
Duties and Responsibilities of the _________________’s Chairman”.
·
Cast _________________’s vote
to require a quorum of 26 States.
xxiv.
Call for a vote requiring each State Delegation to appoint one
Delegate to be their Spokesman.
·
Cast _________________’s vote
to require each State Delegation to appoint one Delegate to be their
Spokesman.
xxv.
Call for a vote, at the appropriate time, to decide if the
Balanced Budget Amendment, as herein written, should be sent to
the States for ratification via Congress.
·
Cast _________________’s vote
requiring that the Balanced Budget Amendment be sent to the
States for ratification.
xxvi.
Assuming the Convention votes to send the Balanced
Budget Amendment to the States for ratification, call for another vote
to decide which method of ratification the Convention recommends to
Congress, whether by State Legislatures or State Conventions.
·
Cast _________________’s vote
to recommend to Congress that the Balanced Budget Amendment,
as herein written, be ratified by State Legislatures and not State
Conventions.
xxvii.
Oppose any efforts by State Delegations to modify, alter or change in
any way the wording, punctuation, sections and spelling of the Balanced Budget Amendment, as herein written.
xxviii.
Oppose any efforts by State Delegations to offer any other Amendment
to the Constitution at the Convention other than the Balanced Budget Amendment, as herein written.
xxix.
Organize _________________’s Delegates at the Convention and
assign to each specific duties with instructions for carrying out the
objectives and purposes in this “Resolution" and directives that may,
from time to time, come from the “Committee” or State Legislature:
xxx.
Assign to Delegates from _________________ the following
responsibilities:
·
Work with and gain consensus
from other State Delegations for the purpose of securing their agreement
that the Balanced Budget Amendment, as herein written, should
be sent to the States for ratification.
·
Report to the Chairman the
number of other States that plan to vote in favor of the Balanced
Budget Amendment.
·
Report to the Chairman any
problems or opportunities that may have or might develop relating to the
directives in this “Resolution”.
xxxi.
Be amenable to both the “Committee” and _________________
State Legislature.
10.
The Chairman is bound to vote at the Convention as directed in this
Resolution.
11.
Conduct frequent meetings with _________________’s State Delegates to
review, analyze and report on the work being accomplished at the
Convention.
a.
Establish plans to correct problems and to advance the objective
which is to secure a favorable vote by the Convention to send the
Balanced Budget Amendment to the States for ratification.
12.
Make regular reports to the Committee regarding all activities
at the Convention.
13.
Notify the Committee of financial or other needs the
_________________ State Delegation has at the Convention.
SECTION C. DUTIES AND RESPONSIBILITIES OF “DELEGATES”
The Delegates of _________________’s State
Delegation will be required to follow the directives in this “Resolution”
and others that may be issued, from time to time, by the “Committee” or
by the State Legislature.
Each Delegate is charged with the following:
1.
Be amenable to and follow the instructions of the Chairman and
Assistant Chairman of _________________’s State Delegation.
2.
Be amenable to the President of the Convention.
3.
Work to advance all the requirements and directives in this
Resolution.
4.
Be subject to dismissal from the _________________ State Delegation
for violation of this Resolution.
5.
The Delegate is bound by this Resolution to vote at all
_________________ State Delegation roll calls consistent with directives
given to the Chairman in Section B., which includes sending the Balanced Budget Amendment, as herein written, to the States for
ratification via Congress.
6.
Attend all assigned business sessions at the Convention.
7.
Help the Chairman to successfully complete each of the objectives in
Section B.
8.
Attend all meetings scheduled by the Chairman:
a.
Report to the Chairman the results of your work among other State
Delegates.
a.
Assess and report to the Chairman the number of States that plan to
vote in favor of the Balanced Budget Amendment.
b.
Assess and report to the Chairman any problems or opportunities that
may have or might develop relating to the purposes of this “Resolution”.
c.
Recommend to the Chairman other strategies that may help
_________________ join with at least 26 other States to vote for the
Balanced Budget Amendment at the “Convention”.
SECTION D. DUTIES AND RESPONSIBILITIES OF “ALTERNATES”
The Alternates of _________________’s State
Delegation will be required to follow the directives in this “Resolution”
and others that may be issued, from time to time, by the Committee or
by the State Legislature.
Each Alternate is charged with:
1.
Being ready to become a Delegate if directed to do so by the
“Committee” or State Legislature.
2.
Fulfill the duties in Section C. when appointed as a Delegate.
3.
When appointed to be a Delegate, work to advance all the requirements
and directives in this “Resolution”.
4.
Be subject to dismissal from the _________________ State Delegation
for violation of this “Resolution”.
5.
When appointed to be a Delegate, the Delegate is bound by this
“Resolution” to vote at roll calls consistent with directives given to
the Chairman in Section B., which includes sending the Balanced
Budget Amendment, as herein written, to the States for ratification via
Congress.
6.
Follow the instructions given to you by the Chairman or Assistant
Chairman of _________________’s State Delegation, the Committee or
State Legislature.
7.
When appointed to be a Delegate, attend all assigned business
sessions at the Convention.
8.
When appointed to be a Delegate, help the Chairman to successfully
complete each of the objectives in Section B.
9.
When appointed to be a Delegate, attend all meetings scheduled by the
Chairman:
a.
Report results of your work among other State Delegates.
d.
Assess and report to the Chairman the number of States that plan to
vote in favor of the Balanced Budget Amendment.
e.
Assess and report to the Chairman any problems or opportunities that
may have or might develop relating to the purposes of this Resolution.
f.
Recommend to the Chairman other strategies that may help
_________________ join with at least 26 other States to vote for the
Balanced Budget Amendment at the “Convention”.
SECTION E. TEXT FOR THE Balanced BUDGET
AMENDMENT
The exact text for the Balanced
Budget Amendment (including the wording, paragraphs, Section headings,
spelling and punctuations) that is to be sent to the State Legislatures, via
Congress, for ratification shall read as follows:
__________________________________________________________________________________________________
Text of proposed
Balanced BUDGET AMENDMENT
ARTICLE 28 (or alternate number to be assigned by Congress)
Section 1.
It is the right of citizens to enjoy a fiscally sound and debt free federal
government which is foundational to a free people and must not be violated by
the State.
Section 2. It is hereby mandated that the United States
Congress will conduct the fiscal affairs of the United States Government
according to the requirements of this Article.
Section 3. A Balanced Budget consists of accurately
assigning the sum of all federal receipts (which includes all tax revenues and
all other sources of government income) to pay for all Federal expenditures
within the current year and with the mandate not to allow expenditures to
exceed revenue and income. The following exceptions apply:
1.
In time of war or
national emergency the United States Congress can authorize expenditures to
exceed income and revenue as is required to protect the interests and security
of the United States and its citizens. However, the United States Congress is
required to amortize the repayment of any debt incurred over a maximum of ten
years from the end of the war or national emergency. The United States
Congress is prohibited from extending the repayment of the debt beyond ten
years which includes the repayment of monies borrowed and any interest and
other costs that may have accrued in order to service said debt. Congress can
repay the debt, in full, in less than ten years, but must pay no less than
1/10th of the original amount owed by the Government, including interest and
other costs, in each remaining year of the ten year term, unless the balance
is less than 1/10th of the original amount.
2.
The United States
Congress is authorized to allow expenditures to exceed revenues and income
when in the collective wisdom of two thirds of the members of both Houses of
the United States Congress it is necessary to do so. However, the United
States Congress is required to amortize the repayment of any debt incurred
over a maximum of five years from the date said debt was authorized by
Congress. The United States Congress is prohibited from extending the
repayment of said debt beyond five years which includes the repayment of
monies borrowed and any interest and other costs that may have accrued in
order to service said debt. Congress can repay the debt, in full, in less than
five years, but must pay no less than 1/5th of the original amount owed by the
Government, including interest and other costs, in each remaining year of the
five year term, unless the balance is less than 1/5th of the original amount.
