2023 -- H 5726

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LC000877

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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J O I N T   R E S O L U T I O N

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A

PROPOSITION OF AMENDMENT TO THE CONSTITUTION - PROVISIONS OF STATE

CONSTITUTION DECLARED TO BE PRESUMPTIVELY JUDICIALLY ENFORCEABLE

BY PARTIES ALLEGEDLY AGGRIEVED BY VIOLATIONS THEREOF

     Introduced By: Representative P. Morgan

     Date Introduced: February 17, 2023

     Referred To: House State Government & Elections

     RESOLVED, That a majority of all members elected to each house of the general

assembly voting therefor, the following amendments to the Constitution of the state be proposed

to the qualified electors of the state in accordance with the provisions of Article XIV of the

Constitution, for their approval, and that it adds an additional section to Article 1, which is hereby

amended, effective January 1, 2025, to read as follows:

     Section 25. Provisions are presumptively judicially enforceable.

     The provisions of this state constitution are hereby declared to be presumptively

judicially enforceable by parties allegedly aggrieved by violations thereof. Such parties may seek

and obtain traditional common law and equitable remedies from the appropriate courts, including

damages, injunctions, and declaratory relief, for any proven violation of a constitutional

provision, without the need for any further legislative authorization or enactment and without the

need for the legislative creation of a new cause of action for aggrieved parties to obtain judicial

relief for their alleged injuries due to such constitutional violations.

     RESOLVED, That said proposition of amendment shall be submitted to the electors for

their approval or rejection at the next statewide general election. The voting places in the several

cities and towns shall be kept open during the hours required by law for voting therein for general

officers or members of the general assembly of the state; and be it further

     RESOLVED, That the secretary of state shall cause the said proposition of amendments

to be published as a part of this resolution in the newspapers of the state prior to the date of the

said meetings of the said electors; and the said proposition shall be inserted in the warrants or

notices to be issued previous to said meetings of the electors for the purpose of warning the town,

ward, or district meetings, and said proposition shall be read by the town, ward, or district

meetings to be held as aforesaid; and be it further

     RESOLVED, That the town, ward, and district meetings to be held aforesaid shall be

warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

district meetings shall be conducted in the same manner as now provided by law for the town,

ward, and district meetings for the election of general officers of the state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A

PROPOSITION OF AMENDMENT TO THE CONSTITUTION - PROVISIONS OF STATE

CONSTITUTION DECLARED TO BE PRESUMPTIVELY JUDICIALLY ENFORCEABLE

BY PARTIES ALLEGEDLY AGGRIEVED BY VIOLATIONS THEREOF

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     This Joint Resolution would propose to the voters of the state a constitutional amendment

which would provide that the provisions of the state constitution would be declared to be

presumptively judicially enforceable by parties allegedly aggrieved by violations thereof.

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LC000877

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