S 245

South Carolina General Assembly
126th Session, 2025-2026
Bill 245
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A concurrent RESOLUTION
to make application by the state of south carolina
under article v of the united states constitution for a convention of the
states to be called, restricted to proposing an amendment to the united states
constitution to impose fiscal restraints on the federal government through a
balanced budget amendment.
Whereas, the annual
federal budget is not in balance, and the federal public debt is now more than
thirty-one trillion dollars; and
Whereas, continued
deficit spending demonstrates an unwillingness or inability of both the federal
executive and legislative branches to spend no more than available revenues;
and
Whereas, fiscal
irresponsibility at the federal level is lowering our standard of living,
destroying jobs, and endangering economic opportunity now and for the next
generation.  Now, therefore,
Be it resolved by the Senate, the House of
Representatives concurring:
That the General Assembly of the State of South
Carolina hereby applies to Congress, under the provisions of Article V of the
Constitution of the United States, for the calling of a convention of the
states limited to proposing an amendment to the Constitution of the United
States requiring that, in the absence of a national emergency, the total of all
federal appropriations made by Congress for any fiscal year may not exceed the
total of all estimated federal revenues for that fiscal year, together with any
related and appropriate fiscal restraints.
Be it further resolved that the General Assembly of
the State of South Carolina adopts this Concurrent Resolution expressly subject
to the following reservations, understandings, and declarations:
(1) an application to the Congress of the United
States to call an amendment convention of the states pursuant to Article V of
the United States Constitution confers no power to Congress other than the
power to call such a convention. The power of Congress to exercise this
ministerial duty consists solely of the authority to name a reasonable time and
place for the initial meeting of a convention; and
(2) Congress shall perform its ministerial duty of
calling an amendment convention of the states only upon the receipt of
applications for an amendment convention for the substantially same purpose as
this application from two thirds of the legislatures of the several states;
(3) Congress does not have the power or authority to
determine any rules for the governing of an amendment convention of the states
called pursuant to Article V of the United States Constitution. Congress does
not have the power to set the number of delegates to be sent by any state to
such a convention, nor does it have the power to name delegates to such a
convention. The power to name delegates remains exclusively within the
authority of the legislatures of the several states;
(4) by definition, an amendment convention of the
states means that states shall vote on the basis of one state, one vote;
(5) a convention of the states convened pursuant to
this application must be limited to consideration of the topics specified in
this joint resolution and no other. This application is made with the express
understanding that an amendment that in any way seeks to amend, modify, or
repeal any provision of the Bill of Rights, the thirteenth, fourteenth, and
fifteenth amendments to the United States Constitution shall not be authorized
for consideration at any stage. This application shall be void ab initio if
ever used at any stage to consider any change to any provision of the Bill of
Rights;
(6) pursuant to Article V of the United States
Constitution, Congress may determine whether proposed amendments shall be
ratified by the legislatures of the several states or by special state
ratification conventions. The South Carolina General Assembly recommends that
Congress select ratification by the legislatures of the several states; and
Be it further resolved that copies of this
application must be transmitted to the President of the United States, the
Secretary of the United States Senate, the Speaker and Clerk of the United
States House of Representatives, and the members of the United States Senate
and the United States House of Representatives from this State.
Be it further resolved that copies of this resolution
must also be transmitted to the presiding officers of each of the legislative
houses in the several states, requesting their cooperation in this endeavor.
Be it further resolved that this application
constitutes a continuing application in accordance with Article V of the
Constitution of the United States until the legislatures of at least two thirds
of the several states have made applications on the same subject. This
application supersedes all previous applications by this General Assembly on
the same subject.
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This web page was last updated on January 16, 2025 at 11:41 AM