S 1165

South Carolina General Assembly
126th Session, 2025-2026
Bill 1165
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A joint Resolution
SO AS TO ENACT THE "COMPACT FOR A SAFE AND EQUAL
CONVENTION FOR PROPOSING AMENDMENTS".
WHEREAS, the framers of the Constitution of the
United States empowered state legislatures to be guardians of liberty by giving
said bodies the power to propose amendments to the Constitution by calling for
a Convention for Proposing Amendments whenever two-thirds of the several states
apply for a convention for the same topic or purpose; and
WHEREAS, the legislatures of each state have the
sole power and discretion to name their delegates and to give them such
instructions as may be necessary and lawful; and
WHEREAS, the history surrounding the ratification
of the Constitution and the first uses of the States' Article V power clearly
demonstrates that said assemblies were described as a Convention for Proposing
Amendments; and
WHEREAS, it is inherent in the nature of such a
Convention, as a meeting of equal sovereigns, that the States vote on the basis
of equality; and
WHEREAS, the agreement between the States
concerning the subject matter of a Convention for Proposing Amendments is
demonstrated by two-thirds of the several States applying for a convention for
the same purposes or topics; and
WHEREAS, litigation surrounding the attempt by
Congress to change the deadline for the ratification of the proposed Equal
Rights Amendment has established a clear rule that once a given phase of the
Article V amendment process has been completed, its product cannot be altered;
and
WHEREAS, the Supreme Court has recognized that
States have the inherent power to form agreements between themselves for
mutually beneficial purposes; and
WHEREAS, the Compact Clause of the Constitution of
the United States (Art. I, Sec. 10, Cl. 3) affirms the sovereign power of the
several states to enter into binding, enforceable agreements; and
WHEREAS, the Supreme Court of the United States
has repeatedly affirmed that an interstate compact does not require
congressional approval "if it does not impermissibly enhance state power at the
expense of federal supremacy"; and
WHEREAS, Congress has no power to name, control,
or instruct any State's delegates to a Convention for Proposing Amendments; and
WHEREAS, Congress has no power to change the
inherent rule that all voting at a Convention for Proposing Amendments shall be
on the basis of the equal sovereignty of the States, to wit: one-state,
one-vote; and
WHEREAS, Congress has no power to designate topics
for a Convention of the States, but rather has a ministerial duty to call the
Convention upon receipt of applications from two-thirds of the several States
for a Convention to propose amendments on the same topics or subjects; and
WHEREAS, the member states to this compact wish to
affirm the two inherent rules so that all States will be empowered to exercise
their Article V power to apply for a Convention with assurance that the topic
or subject matter of the Convention may not be changed by Congress, any State,
or the Convention itself, and that States will vote as States, enjoying equal
suffrage at the Convention; and
WHEREAS, this compact is applicable to any
Convention for Proposing Amendments no matter the topics or subjects for which
it is called. Now, therefore,
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This joint resolution may be cited as the "Compact for a Safe and Equal
Convention for Proposing Amendments".
SECTION 2.  Whereas, every state adopting this compact and agreeing
to be bound thereby intends to ensure that at any Convention for Proposing
Amendments, called for any purpose, that two inherent Article V Convention
rules are followed without exception, to wit: that all voting is conducted on
the basis of one-state, one-vote; and that said Convention shall not consider
any proposed amendment on any topic other than such topics or subjects
specifically enumerated in the applications of two-thirds of the several states
which formed the basis for the call of the Convention.
Now, therefore, in
consideration of their expressed mutual promises and obligations, be it firmly
resolved and adopted by every state approving this compact that said state
agrees to be bound thereby notwithstanding any law to the contrary.
SECTION 3.  For the purposes of this compact,
    (1) "Compact"
means this "Compact for a Safe and Equal Convention for Proposing Amendments"
called under Article V of the Constitution of the United States.
    (2) "Commission"
means the formal resolution, enactment, or other document which sets forth the
identity of a state's delegates to a convention, establishes their credentials,
and provides specific instructions as to how they shall vote or otherwise
perform their duties at the convention.
    (3) "Convention"
or "Convention for Proposing Amendments" means any convention called under
Article V of the United States Constitution upon submission of applications for
a convention to propose amendments on a particular topic or topics from
two-thirds of the several states.
    (4) "State" means
one of the several states of the United States. In the context of Article V,
the State may only act through its state legislative body. No other official or
agency including, but not limited to, the Governor of any state, may take any
action for the State as it pertains to the exercise of Article V power, a
matter reserved by the text of the Constitution exclusively for the legislature
of each State.
    (5) "Member state"
means a State that has adopted this compact through resolution or such other
legislative vehicle as it normally employs when it exercises power under
Article V of the Constitution to apply for a Convention for Proposing
Amendments or to ratify a proposed amendment to the Constitution of the United
States. For any State to qualify as a member state with respect to any other
State under this compact, each such state must have adopted and agreed to be
bound by substantially identical compact language.
SECTION 4.  (A) Each State shall instruct and bind each member of
its delegation to a convention to vote for and take any and all appropriate
action necessary to ensure the adoption of and faithful compliance with the
following three rules for a Convention for Proposing Amendments:
       (1) Rule 1. All
voting at any convention shall be on the basis of one-state, one-vote.
       (2) Rule 2. No
proposed amendment to the Constitution of the United States may be introduced,
reviewed, debated, or adopted if it is outside the scope of the topic(s) or
subject(s) established by the applications of at least two-thirds of the
several states which led to the calling of the convention by Congress.
       (3) Rule 3.
Neither Rule 1 nor Rule 2 nor this Rule may be amended, repealed, overridden,
or otherwise avoided in any manner by any other motion, action, rule, vote by
the convention, or by a ruling of the presiding officer.
    (B) Nothing in
this compact shall limit the power of a State to instruct or bind its
delegation in any other manner consistent with this compact.
    (C) Nothing in
this section prohibits any State from adopting other legal sanctions,
penalties, or punishments for any delegate who acts unfaithfully in violation
of his duties, instructions, or other obligations.
SECTION 5.  (A) The commission of each member state delegate shall
include the member state's instructions to the delegate to vote for and take
any and all appropriate action necessary to ensure the adoption of and faithful
compliance with the Rules set forth in SECTION 4(A).
    (B) The commission
of each member state delegate shall state that any action taken by said
delegate in violation of SECTION 4 shall be void as an ultra vires action,
according to common law principles of agency.
    (C) Upon receiving
his commission, each delegate shall sign an oath that includes an
acknowledgement that he shall be subject to immediate removal from the State's
delegation by the legislature or its oversight authority, if said delegate
fails to comply with SECTION 4 in any manner.
SECTION 6.  This
compact shall enter into force when twenty-six states have adopted it.
SECTION 7.  (A) A State may withdraw from this compact only with
twelve months' notice to the presiding officers of both houses of the
legislatures of all member states, even if the compact has not entered into
force. Withdrawal shall be accomplished exclusively through the same form of
legislative action that was employed for the initial adoption of this compact.
    (B) Notwithstanding
SECTION 7(A) of this compact, no member state may withdraw from this compact
after the date of the passage of the thirty-fourth application for an Amending
Convention of the States on the same topics or subjects.
SECTION 8.  Each
member state expressly waives sovereign immunity for any action by any other member
states to enforce this compact in any court with lawful jurisdiction of the
subject matter.
SECTION 9.  The
Clerk of the South Carolina Senate is directed to transmit duly authenticated
copies of this compact to the presiding officers of each house of the
legislatures of all States. Furthermore, as a courtesy, the Clerk is directed
to transmit duly authenticated copies to the presiding officers of each house
of the Congress of the United States as well as to the National Federalism
Commission.
SECTION 10. This joint resolution takes effect
upon approval by the Governor.
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This web page was last updated on April 30, 2026 at 12:06 PM