Faithful Delegate Amendment
to the
Limited Constitutional Convention Call

Drafted by Wendell Cox
March 1995

INTRODUCTION

The wording below was drafted for an Ohio state senator to amend the Ohio limited Constitutional Convention call to include mechanisms to ensure that delegates to the convention act within their delegated authority.

Inasmuch as the existing safeguards are more than sufficient, this additional requirement is not really needed. It was developed to provide another safeguard that might attract support from present opponents of the limited convention.

The provisions could be incorporated into a model state statute applying to all limited conventions (the "Faithful Delegate" Act).

FAITHFUL CONVENTION DELEGATION AMENDMENT: TEXT

(Line 75) ...adopt a balanced federal budget, and be it further

RESOLVED, That each delegate of this state to the constitutional convention shall swear an oath of allegiance to the Constitution of the United States and to the limited purposes of the constitutional convention as called for in this resolution, and that any act by a delegate in contravention of this such oath shall be an act of simultaneous resignation as a delegate, with such delegate being immediately removed by the Governor, in consultation with the Speaker of the House of Representatives and the President Pro-Tempore of the Senate, such action not being subject to the review of any court, and be it further

RESOLVED, That the delegation of this state to the constitutional convention shall be authorized to cast its final binding vote in favor of any proposed amendment to the Constitution of the United States only upon certification by the Governor in consultation with the Speaker of the House of Representatives and the President Pro-Tempore of the Senate that such proposed amendment is within the limited purposes of the constitutional convention as called for in this resolution, such certification not being subject to the review of any court; and be it further

RESOLVED, That if Congress adopts, ..... (Line 77)

BALANCED BUDGET AMENDMENT: THE IMPERATIVE



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