S 112 Session 123 (2019-2020) S 0112 Joint Resolution, By Massey, Senn, Young, Climer, Turner, Rice, Verdin, Cash, Campsen, Shealy, Goldfinch, Grooms, Gambrell, Peeler, Talley, Gregory, Hembree, Campbell, Cromer and Bennett A JOINT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AMENDMENTS PURSUANT TO ARTICLE
TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AMENDMENTS PURSUANT TO Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. (A) The General Assembly finds that: (1) the Founders of the United States Constitution empowered state legislators to be guardians of liberty against excessive use of power by the federal government; (2) the federal government has created a crushing national debt through improper and imprudent spending; (3) the federal government has ceased to operate under a proper interpretation of the United States Constitution; (4) the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and
(5) it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, by proposing amendments to the United States Constitution through a convention of the states under
(B) The General Assembly of South Carolina, by this joint resolution, hereby makes application to the Congress of the United States to call an amendment convention of the states pursuant to
(C) This application shall constitute a continuing application for the convention of the states pursuant to (D) The Clerk of the House of Representatives and the Senate shall transmit copies of this resolution to the President of the United States, the Speaker and the Clerk of the United States House of Representatives, the President and the Clerk of the United States Senate, the members of the South Carolina Congressional Delegation, and the legislatures of each of the several states, attesting to the enactment of this joint resolution by the South Carolina General Assembly. SECTION 2. The South Carolina General Assembly adopts this application 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 (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 (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 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 (7) the South Carolina General Assembly may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided.
SECTION 3. (A) Any time a convention is called pursuant to (1) Eligible commissioners and alternates must be residents of South Carolina and otherwise shall meet the same qualifications necessary to hold office in the South Carolina House of Representatives. Commissioners and alternates may include persons holding public office, except that no member of the United States House of Representatives or Senate is eligible. (2) The House shall select, by simple majority vote, three commissioners who meet the eligibility requirements outlined in item (1), and the Senate shall select, by simple majority vote, two commissioners who meet these requirements. These five commissioners then shall nominate five additional commissioners who meet the eligibility requirements outlined in item (1) and are not sitting members of the South Carolina General Assembly. From these five nominated commissioners, the Speaker of the House shall select one to serve as a commissioner, and the President Pro Tempore of the Senate shall select one to serve as a commissioner. The other three nominated commissioners shall serve as alternate commissioners. This total of seven commissioners and three alternate commissioners shall constitute South Carolina's delegation to the convention.
(3) Each commissioner and alternate shall, by oath or affirmation as provided for in Section 26, (4) After commissioners and alternates have been selected, the South Carolina General Assembly by joint resolution may recall commissioners or alternates to the convention or appoint new commissioners or alternates. (5) When the South Carolina General Assembly is not in session, commissioners may be recalled pending a joint resolution by a joint legislative committee duly authorized by the South Carolina General Assembly for that purpose. This joint legislative committee is authorized to conduct its business via telephone or via other forms of electronic communication. (6) A commissioner who is recalled, disqualified, or otherwise unable to perform his or her duties shall be replaced immediately by one of the alternates, as directed by the joint resolution or duly authorized joint legislative committee. (B) Prior to the convention, the General Assembly by joint resolution shall provide instructions to the commissioners and alternates selected pursuant to subsection (A) regarding the scope of matters they may consider and vote on at a convention, including rules of procedure and proposed amendments. These instructions may be changed by the South Carolina General Assembly prior to or during the course of the convention. These instructions shall include, but are not limited to: (1) an instruction that the South Carolina commissioners may not support any voting rule other than the default rule whereby each state exercises one vote; and (2) an instruction that, on all voting matters at the convention, the decision of a simple majority of the South Carolina commissioners shall constitute a single vote for South Carolina. (C) Should the convention adopt a voting rule other than the default rule whereby each state exercises one vote, the authority of the South Carolina commissioners and alternates is automatically revoked.
(D) Any vote cast by a commissioner or alternate at an (1) the instructions established by a joint resolution adopted under subsection (B) of this joint resolution;
(2) the limits placed by the South Carolina General Assembly in the joint resolution that calls for an
(3) the limits contained in the narrowest state resolution applying for the (E) In the event that the Speaker of the House of Representatives or President Pro Tempore of the Senate receives notice that a commissioner or alternate has violated his or her oath or instructions, an emergency meeting of the joint legislative committee described in item (5) of subsection (A) shall be convened within twenty-four hours of the notification to consider recalling the commissioner or alternate in question. (F) Should the provisions of subsection (A) be in conflict with the rules or procedures established by the convention, the General Assembly by joint resolution may conform the provisions of subsection (A) to such rules or procedures. (G) Commissioners and alternates traveling and participating in the convention shall be paid the usual mileage, subsistence, and per diem as is paid to members of state boards, commissions, and committees, to be paid equally from the approved accounts of the South Carolina House of Representatives and Senate. SECTION 4. This joint resolution takes effect upon approval by the Governor.
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