States findings of the Legislature and establishes provisions regarding Commissioners representing the State of Idaho at an Article V Convention of the States.
Summary
House Concurrent Resolution 9 establishes a detailed framework for how Idaho would select, instruct, supervise, and, if necessary, remove commissioners sent to an Article V convention of the states for proposing amendments to the U.S. Constitution. It defines key terms, sets eligibility requirements for commissioners, requires them to take an oath, and creates an advisory committee to help fill vacancies and monitor compliance with legislative instructions.
The resolution also limits commissioners’ authority by tying them to the subject matter of the convention application and to any additional instructions adopted by the Legislature. It directs commissioners not to support changes to the traditional one-state-one-vote rule or amendments affecting specified constitutional guarantees, and it sets rules for delegation decision-making, media contact, compensation, and sanctions for exceeding authority or interfering with commissioners.
Impact
HCR009 would not directly amend Idaho statutes, but it would create legislative rules and procedures governing Idaho’s participation in any future Article V convention. It would affect how commissioners are appointed, supervised, paid, and removed, and it would impose conduct restrictions and potential criminal consequences for interference with commissioners. The resolution also references existing laws on emoluments, gifts, and penalties, and it would require coordination with the secretary of state, attorney general, and legislative leadership if a convention were convened.
Sentiment
The available voting history suggests the measure faced significant opposition in the House, where it failed on third reading by a vote of 27 yeas to 42 nays. No committee transcript is available, so there is no recorded floor or committee debate to show support or criticism in detail. The vote outcome indicates that, while some members supported establishing guardrails for Idaho delegates to a convention, a majority were not persuaded to adopt the resolution.
Contention
The main points of contention likely centered on whether the Legislature should preemptively constrain Idaho’s commissioners at an Article V convention and whether the resolution’s restrictions were too rigid or too expansive. Provisions limiting commissioners from altering the one-state-one-vote rule, barring support for changes to specified constitutional amendments, and allowing recall or suspension by an advisory committee may have raised concerns about legislative control, constitutional process, and separation of powers. Supporters likely viewed these provisions as necessary safeguards to prevent unauthorized action, while opponents likely objected to the premise of an Article V convention framework or to the breadth of the proposed controls.
Article V Convention; process for appointing commissioners and alternate commissioners to represent the State of Alabama at Article V Convention established
Establishes process for selection, instruction, and oversight of commissioners to Article V convention for proposing amendments to United States Constitution; establishes criminal penalties for certain violations.
Establishes process for selection, instruction, and oversight of commissioners to Article V convention for proposing amendments to United States Constitution; establishes criminal penalties for certain violations.