S 1164

South Carolina General Assembly
126th Session, 2025-2026
Bill 1164
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A concurrent RESOLUTION
TO Call for an Article V Convention of States to
propose amendments to the Constitution of the United States focused exclusively
on proposing a federal fiscal responsibility amendment; TO PROVIDE FOR STATE
ACTION IF CONGRESS DOES NOT RESPOND TO THE CALL; AND TO OFFER CHARLESTON, SOUTH
CAROLINA, AS THE LOCATION FOR THE CONVENTION TO OCCUR.
Whereas, convention of
states gatherings attended by commissioners authorized from their respective
state legislatures have historically proven to be an effective approach to have
states consider, recommend, and advance solutions to common problems; and
Whereas, Article V of
the Constitution of the United States provides a constitutionally guaranteed
right of the States to utilize a convention of states to gather and propose
amendments to the Constitution completely independent of Congressional
interference; and
Whereas, the General
Assembly of South Carolina, in concert with the findings of other state's
legislatures, has determined that sufficient states have passed resolutions
applying for a convention of states to propose amendments pursuant to Article
V, thereby rendering it appropriate to announce the time and location for such
a Convention and begin to select and instruct commissioners as official
delegates for South Carolina; and
Whereas, a recent independent
audit officially presented to Congress by the National Federalism Commission
thoroughly documented and certified that two-thirds of the states beginning in
1979, have applied for a convention limited to proposing an amendment to the Constitution
of the United States to add a requirement that the federal government balance
its budget consistent with mandated fiscal responsibility provisions; and
Whereas, an assembled
set of all pertinent Article V documents clearly demonstrates that these
several states having indeed achieved the required Article V threshold of state
applications from two-thirds of state legislatures and having been confirmed as
received by Congressman Jodey Arrington, Chairman of the House Budget Committee,
automatically mandates Congress to immediately call the amending convention;
and
Whereas, the
achievement of this constitutional threshold by the several states authorizing
an Article V Convention of States remains active until the amending convention
is convened; and
Whereas, it is
appropriate for the state legislatures of the several states to prepare for the
amending convention; and
Whereas, the General
Assembly of South Carolina proposes that it be the hosting state and that the convention
be held in Charleston, South Carolina; and
Whereas, in light of
the nearly half-century delay by Congress of this long overdue convention call,
and with the absence of any Congressional discretion, the hosting state should
notify Congress of its constitutional duty to immediately call the Article V
Amending Convention by having Congress ceremoniously announce the host state's
recommended choice of the time and location for the convention or, sensing any
obstruction by Congress, the host state should consider making the announcement
themselves. Now, therefore,
Be it resolved by the
Senate, the House of Representatives concurring:
That the members of the
South Carolina General Assembly, by this resolution, request that an Article V
Amending Convention for proposing amendments to the Constitution of the United
States must be immediately called by Congress pursuant to Article V of the
Constitution of the United States; in the event Congress continues to ignore
its constitutional duty to immediately call the convention, it will be
necessary for the hosting state to proceed with that ceremonial declaration and
announce the time and location of the Article V Amending Convention.
That the host state
shall determine the initial time and location of an Article V Amending
Convention for proposing a balanced budget amendment and related fiscal
constraints with Congress authorized to declare a ministerial pronouncement to
all state legislative leaders of the several states.
That upon a public
announcement either by Congress or the hosting state of a specific initial time
and location of a convention for proposing a balanced budget amendment and
related fiscal constraints, South Carolina shall begin preparations to send a
delegation to the Article V Amending Convention.
That the state of South
Carolina is open to becoming the host state with the convention being located
in the historic city of Charleston and if so declared, will expedite notice to
Congress of the recommendation as to time and location for the amending convention
ensuring a prompt announcement to all other legislative leaders of the several
states.
That in the absence of a
prompt announcement by Congress or the hosting state, South Carolina, in
concert with these other several states, respectfully calls for the immediate
announcement of an Article V Amending Convention of the States.
That the convention
consist of commissioners chosen as delegates and authorized in the manner that
each respective state legislature determines, to convene at the time and
location specified by the hosting state for the limited purposes of proposing a
balanced budget amendment and related fiscal responsibility constraints to the
United States Constitution.
That the States are
adamant in defending their constitutional right of equal access to Article V in
that Congress has no authority to interfere with any aspect of the use of
Article V by the States.
That Congress shall have
no authority to instruct or otherwise interfere with the aggregation of Article
V State applications, the amending convention, the delegate selection, or delegate
instruction process, nor to exercise any discretionary delay, or restrict in
any way the distribution and subsequent ratification by the states of proposed
amendments derived from an Article V Amending Convention.
That the convention shall
be called to order jointly by the Legislature of the hosting state, followed
immediately by a roll call of the states. The amending convention shall
promptly elect a permanent presiding officer by a majority vote of the states
attending and voting under the parliamentary common law as modified by
procedures traditionally followed by conventions of states, including the rule
of one vote per state. The convention shall continue to operate under the
traditional procedures until such time as the convention adopts its own rules.
That the scope of the
convention's authority is limited to the subject of the approved call of the convention
as affirmed by a majority vote of the states in attendance when the convention
is convened and after the first roll call. The convention has no authority to
propose or discuss an amendment on any other subject outside the approved call
of the convention.
That South Carolina
recognizes that a convention of states determines its own rules and procedures
and elects its own officers. In the interests of efficiency and consistency,
however, South Carolina recommends to the convention that the permanent rules
contain certain principles traditionally followed by conventions of states,
including the following principles:
  (a) A quorum for all sessions of the full
convention shall be a majority of the states attending and for all committee
meetings shall be a majority of the members of the relevant committee.
(b) All voting shall be with
each state having one vote, without apportionment or division, and each state
legislature or delegation shall determine the internal voting and quorum rules
for casting the vote of its delegation.
(c) A majority vote of the
states attending and voting shall prevail on all issues before the amending convention
and in all committees, including any convention recommendations.
(d) Convention officers
shall include at least a president, vice president and secretary.
That South Carolina
further recommends to the amending convention that:
(a) The convention adopt
Mason's Manual of Legislative Procedure, 2010 edition, as the source for the
rules of decision in all cases not otherwise provided for by convention rules
and orders.
(b) The convention include
at least the following three standing committees that are composed of a
commissioner from each state attending, with each committee to be chaired by a
temporary presiding officer designated by the amending convention committee
until the committee selects its own officers.
(1) A committee on rules
and procedures, which shall prepare for consideration by the convention
recommended rules and procedures for a convention for proposing a balanced
budget amendment and related fiscal responsibility constraints.
(2) A committee on convention
management, which shall prepare for consideration by the convention recommended
facilities, meeting rooms, security and staffing and other management issues
pertaining to a convention for proposing a balanced budget amendment and
related fiscal responsibility constraints.
(3) A committee on defining
Article V terms and procedures, which shall prepare a comprehensive set of
Article V terms and procedures involving all aspects of the use of Article V by
the States from receipt by Congress of state applications, archiving, tracking,
reporting, aggregation, counting, through the Convention and ratification
process.
That a South Carolina
Article V advisory committee be established and composed of three members, one
appointed by the Speaker of the House of Representatives, one appointed by the
President of the Senate, and one appointed jointly by the Speaker of the House
of Representatives and President of the Senate and approved by the majority of
the General Assembly
That the duties of the advisory
committee include:
(a) Monitoring the South
Carolina Article V amending convention delegation to determine if it is
following the instructions of the Legislature of South Carolina and abiding by
convention rules.
(b) Advising the delegation
on the Legislature's position on issues before the convention.
(c) Disciplining any delegate
who violates the oath of office or instructions or is otherwise guilty of
malfeasance or nonfeasance; discipline may include recall from the convention
or demotion to alternate delegate, or civil penalties or criminal charges.
(d) Notifying the amending convention
of changes in the South Carolina Article V amending convention delegation.
(e) Manage the process of
replacing or reinstating any recalled delegate.
That the General Assembly
of South Carolina will establish a compensation plan and other support
provisions for South Carolina convention delegates and Article V amending advisory
committee members.
That, should it become
necessary to have the courts compel Congress to fulfill its constitutional duty
by calling an Article V convention, the General Assembly of South Carolina
requests the Attorney General of South Carolina file an immediate declaratory judgement
with the U.S. Supreme Court.
Be it further resolved that
the Clerk of the South Carolina Senate and the Clerk of the South Carolina House
of Representatives are hereby directed to forward copies of this resolution to
the presiding officers of each of the legislative houses in the several states,
requesting their cooperation in this endeavor; and also forward copies thereof
to the President and Secretary of the United States Senate, and to the Speaker
and Clerk of the United States House of Representatives, and to the South
Carolina members serving in the United States Senate and House of
Representatives.
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This web page was last updated on May 05, 2026 at 10:07 PM