Art. V. Amendment of the Constitution

House Resolution 105 of the 1991 Session of the General Assembly (Ga. L. 1991, p. 2041) petitions the U.S. Congress to call a constitutional convention for the purpose of amending the U.S. Constitution relative to disrespectful acts toward the United States and state flags. Ga. L. 2004, p. 1081, not codified by the General Assembly, provides that: “the General Assembly does hereby rescind, repeal, cancel, void, nullify, and supersede, to the same effect as if they had never been passed, any and all prior applications by the General Assembly to the Congress of the United States of America to call a convention to propose amendments to the Constitution of the United States of America, pursuant to the terms of Article V thereof, regardless of when and regardless of whether such applications were for a more limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects. “Be it further resolved that the General Assembly hereby specifically repeals Resolution Act No. 53 (Ga. L. 1952, p. 472), passed during the 1952 Regular Session of the Georgia General Assembly; Resolution Act No. 61 (Ga. L. 1952, p. 480), passed during the 1952 Regular Session of the Georgia General Assembly; Resolution Act No. 2 (Ga. L. 1955, p. 4), passed during the 1955 Regular Session of the Georgia General Assembly; Resolution Act No. 45 (Ga. L. 1959, p. 383), passed during the 1959 Regular Session of the Georgia General Assembly; Senate Resolution No. 39, passed during the 1961 Regular Session of the Georgia General Assembly; Resolution Act No. 89 (Ga. L. 1965, p. 559), passed during the 1965 Regular Session of the Georgia General Assembly; Resolution Act No. 96 (Ga. L. 1967, p. 894), passed during the 1967 Regular Session of the Georgia General Assembly; Resolution Act No. 93 (Ga. L. 1976, p. 184), passed during the 1976 Regular Session of the Georgia General Assembly; and House Resolution No. 105 (Ga. L. 1991, p. 2041), passed during the 1991 Regular Session of the Georgia General Assembly. “Be it further resolved that the General Assembly urges the legislatures of each and every state that has applied to Congress to call a convention for either a general or limited constitutional convention to repeal and withdraw such applications. “Be it further resolved that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the presiding officers of both houses of the legislatures of each state in the Union, the President of the United States Senate, the Speaker of the United States House of Representatives, each member of the Georgia Congressional delegation, and the Administrator of General Services.”

Representation at constitutional convention, § 28-6-8.

For article discussing Article V and the constitutional convention as a method of amending the Constitution, see 20 J. of Pub. L. 543 (1971). For note, “ERA: The Effect of Extending the Time for Ratification on Attempts to Rescind Prior Ratifications,” see 28 Emory L.J. 71 (1979). For article, “The Convention Method of Amending the United States Constitution,” see 14 Ga. L. Rev. 1 (1979). For note, “Informed Voter Initiatives and Uninformed Judicial Review Under Article V,” see 34 Ga. L. Rev. 1701 (2000). For article, “The Law and Economics of Entrenchment,” see 54 Ga. L. Rev. 61 (2019). For article, “The Independent State Legislature Doctrine, Federal Elections, and State Constitutions,” see 55 Ga. L. Rev. 1 (2020).

Am. Jur. 2d.

16 Am. Jur. 2d, Constitutional Law, §§ 12, 13, 15. 38 Am. Jur. 2d, Governor, § 4.

C.J.S.

16 C.J.S., Constitutional Law, § 19 et seq.

ALR.

Judicial decisions relating to adoption or repeal of amendments to federal Constitution, 87 A.L.R. 1321; 122 A.L.R. 717. Removal or suspension of constitutional limitation as affecting statute previously enacted, 171 A.L.R. 1070.