85R14160 E     By: Shaheen H.J.R. No. 104       A JOINT RESOLUTION   urging the Congress of the United States to propose for   ratification an amendment to the United States Constitution which   would prohibit, with one exception, the practice of abortion within   the United States or in any place subject to their jurisdiction or,   in the alternative, applying to Congress to call a convention,   pursuant to Article V of that Constitution, for the specific and   limited purpose of proposing such an amendment to that Constitution   for ratification.          WHEREAS, Innocent human life in the United States is entitled   to the protection of American laws which ought not to be abridged by   act of any legislative body or by any court's so-called   "interpretation" of the Constitution of the United States; and          WHEREAS, On January 22, 1973, the United States Supreme   Court, in the case of Roe v. Wade (410 U.S. 113), legalized abortion   on demand throughout the United States; and          WHEREAS, The actions of judicial bodies in this nation have   placed innocent human life in jeopardy by reason of age, biologic   development, or status as not yet born; and          WHEREAS, In the aforementioned Roe v. Wade decision, the   U.S. Supreme Court nullified the laws of Texas--and numerous other   states--relative to abortion and has misconstrued the   U.S. Constitution in a way that permits the destruction of unborn   human life; and          WHEREAS, Of the 27 amendments thus far incorporated into our   federal Constitution, four of them unmistakably were offered to   reverse decisions of the U.S. Supreme Court:                (1)  The 11th Amendment invalidated Chisholm v. Georgia   (1793) by guaranteeing the immunity of states from lawsuits by   citizens of another state or a foreign country;                (2)  The 14th Amendment voided Dred Scott v. Sandford   (1857) by guaranteeing the civil rights and citizenship of   African-Americans;                (3)  The 16th Amendment overrode Pollock v. Farmers'   Loan and Trust Co. (1895) by expressly giving Congress the power to   levy an income tax; and                (4)  The 26th Amendment abrogated Oregon v. Mitchell   (1970) by permitting individuals aged as young as 18 years to vote,   in all federal, state, or local elections--uniformly nationwide;   and          WHEREAS, Article V of the U.S. Constitution allows the   legislatures of the several states to apply to Congress for the   calling of a convention to propose an amendment to that   Constitution which amendment, if proposed and then ratified, would   put an end to indiscriminate abortion on demand; and          WHEREAS, Thus far, the legislatures of a number of states   have already applied to Congress for the calling of such a   convention to propose for ratification a federal constitutional   amendment that would reverse Roe v. Wade, and its progeny, and those   still-pending convention applications have been officially   received by Congress as follows:                (1)  The General Assembly of the State of Indiana in   1973 (Senate Joint Resolution No. 8--Public Law No. 352) found with   its verbatim text published in the Congressional Record of January   21, 1974, at page 14, and duly referred to the United States   Senate's Committee on the Judiciary;                (2)  The General Assembly of the State of Missouri in   1975 (Senate Concurrent Resolution No. 7) found with its verbatim   text published in the Congressional Record of May 5, 1975, at page   12867, and duly referred to the U.S. Senate's Committee on the   Judiciary;                (3)  The General Assembly of the State of Arkansas in   1977 (House Joint Resolution No. 2) found with its verbatim text   published in the Congressional Record of May 20, 1977, at pages   15808 and 15809, and duly referred to the U.S. Senate's Committee   on the Judiciary;                (4)  The General Court of the Commonwealth of   Massachusetts in 1977 (unnumbered resolution) found with its   verbatim text published in the Congressional Record of July 1,   1977, at page 22002, and duly referred to the U.S. Senate's   Committee on the Judiciary;                (5)  The Legislature of the State of New Jersey in 1977   (Senate No. 1271) found with its verbatim text published in the   Congressional Record of April 5, 1977, at page 10481, and duly   referred to the U.S. Senate's Committee on the Judiciary;                (6)  The General Assembly of the State of Rhode Island   and Providence Plantations in 1977 (H-5159) found with its verbatim   text published in the Congressional Record of May 20, 1977, at pages   15808 (POM-188) and 15809 (POM-190), and duly referred to the   U.S. Senate's Committee on the Judiciary;                (7)  The General Assembly of the Commonwealth of   Kentucky in 1978 (House [Concurrent] Resolution No. 7) found with   its verbatim text published in the Congressional Record of March   23, 1978, at page 8266, and duly referred to the U.S. Senate's   Committee on the Judiciary;                (8)  The unicameral Legislature of the State of   Nebraska in 1978 (Legislative Resolution No. 152) found with its   verbatim text published in the Congressional Record of May 4, 1978,   at page 12694, and duly referred to the U.S. Senate's Committee on   the Judiciary;                (9)  The General Assembly of the Commonwealth of   Pennsylvania in 1978 (House Bill No. 71 described as a "Joint   Resolution") found with its verbatim text published in the   Congressional Record of April 25, 1978, at page 11438, and duly   referred to the U.S. Senate's Committee on the Judiciary;                (10)  The Legislature of the State of Mississippi in   1979 (House Concurrent Resolution No. 3) found with its verbatim   text published in the Congressional Record of February 26, 1979, at   page 3196, and duly referred to the U.S. Senate's Committee on the   Judiciary;                (11)  The Legislature of the State of Nevada in 1979   (Senate Joint Resolution No. 27--File No. 117) found with its   verbatim text published in the Congressional Record of June 25,   1979, at page 16350, and duly referred to the U.S. Senate's   Committee on the Judiciary; and                (12)  The Legislature of the State of Alabama in 1980   (Senate Joint Resolution No. 9--Act No. 80-281) found with its   verbatim text published in the Congressional Record of May 8, 1980,   at page 10650, and duly referred to the U.S. Senate's Committee on   the Judiciary; and          WHEREAS, While such amendatory proposals have been offered   over the years by some of its members, Congress has nevertheless not   acted upon the earnestly sought-after federal constitutional   amendment--and further prodding in that regard is obviously needed;   and          WHEREAS, In The Federalist No.85, Alexander Hamilton   advised that "[w]e may safely rely on the disposition of the State   legislatures to erect barriers against the encroachments of the   national authority" and the calling of a convention, as envisioned   in Article V of the U.S. Constitution, would be an example of what   Hamilton alluded to; now, therefore, be it          RESOLVED, By the 85th Legislature of the State of Texas,   Regular Session, 2017, that the Congress of the United States be   respectfully urged to propose, and submit for ratification, an   amendment to the United States Constitution that would overturn Roe   v. Wade and clearly prohibit the practice of abortion on   demand--with the exception of saving the life of the   mother--uniformly throughout the United States and in any place   subject to their jurisdiction; and, be it further          RESOLVED, That if Congress does not propose such an amendment   on its own initiative by December 31, 2018, then, in the   alternative, the 85th Texas Legislature, pursuant to Article V of   the U.S. Constitution, does hereby apply to Congress to call a   convention for the purpose of proposing just such a constitutional   amendment for ratification; and, be it further          RESOLVED, That Congress--or delegates to the convention, if   called--be encouraged to consider, ponder, mull over, and   contemplate the following recommended text, among any other   possibilities, for such a proposed federal constitutional   amendment:   "ARTICLE ___          "SECTION 1.  With respect to the right to life, the   word 'person' as used in this Article and in the Fifth and   Fourteenth Articles of Amendment to this Constitution applies to   all human beings, irrespective of age, health, function, or   condition of dependency, including their unborn offspring at every   stage of such unborn offspring's biological development.          "SECTION 2.  No unborn person shall be deprived of life by   any person; provided, however, that nothing in this Article shall   prohibit a law permitting only those medical procedures necessary   to prevent the death of the mother, as a result of the pregnancy,   and as determined by the opinions of at least two competent and   credentialed medical professionals.          "SECTION 3.  The Congress, and the several states, shall   have power to enforce this Article by appropriate legislation.";   and, be it further          RESOLVED, That the convention application component of this   joint resolution be automatically rescinded if:                (1)  Congress itself proposes for ratification the   desired federal constitutional amendment, either prior to, or   within 90 calendar days after, the legislatures of two-thirds of   the several states have made similar application requesting a   convention for the exclusive purpose of proposing such an   amendment;                (2)  The U.S. Supreme Court officially rules that a   convention of this type cannot be limited exclusively to   consideration of only one particular proposed amendment covering   only one specific topic; or                (3)  A convention assembled pursuant, in part, to this   joint resolution in some way, form, or fashion, strays from or   transcends the confined purpose and restricted subject matter as   specified in this joint resolution; and, be it further          RESOLVED, That, except as otherwise provided in this joint   resolution, its convention application component is hereby   established as a continuous and ongoing such application, in   accordance with Article V of the federal Constitution, until such   time as:                (1)  The Texas Legislature deems fit to rescind it; or                (2)  At least two-thirds of the legislatures of the   several states shall have similarly applied for a convention   strictly to propose a federal constitutional amendment limited to   the same subject matter and Congress shall have fully performed its   constitutionally-obligated duty to actually call that convention   when Congress is presented with valid applications from the   requisite number of state legislatures demanding that Congress do   so; and, be it further          RESOLVED, That, in a manner which would furnish confirmation   of delivery and tracking while en route, the Secretary of State of   the State of Texas shall transmit properly certified copies of this   joint resolution--pursuant to the Standing Rules of the United   States Senate, namely, Rule VII, paragraphs 4, 5, and 6--to the   Vice-President of the United States (in his capacity as presiding   officer of the U.S. Senate and addressed to him at Suite No. S-212   of the United States Capitol Building); to the Secretary and   Parliamentarian of the U.S. Senate; and to both United States   Senators representing Texas; accompanied by a cover letter to each   addressee drawing attention to the fact that it is the 85th Texas   Legislature's courteous, yet firm, request that the full and   complete verbatim text of this joint resolution be duly published   in the U.S. Senate's portion of the Congressional Record, as an   official memorial to the U.S. Senate, and that this joint   resolution be referred to whichever committee(s) of the U.S. Senate   that would have appropriate jurisdiction over this joint   resolution's subject matter; and, be it further          RESOLVED, That, in a manner which would furnish confirmation   of delivery and tracking while en route, the Secretary of State of   the State of Texas shall likewise transmit properly certified   copies of this joint resolution--pursuant to the Rules of the   United States House of Representatives, namely, Rule XII, clauses 3   and 7--to the Speaker, Clerk, and Parliamentarian of the U.S. House   of Representatives; and to all members of the U.S. House of   Representatives who represent districts in Texas; likewise   accompanied by a cover letter to each addressee drawing attention   to the fact that it is the 85th Texas Legislature's courteous, yet   firm, request that the substance of this joint resolution be duly   entered in the U.S. House of Representatives' portion of the   Congressional Record, as an official memorial to the U.S. House of   Representatives, and that this joint resolution be referred to   whichever committee(s) of the U.S. House of Representatives that   would have appropriate jurisdiction over this joint resolution's   subject matter.