Bill 4757

                    Current Status

Introducing Body:               House
Bill Number:                    4757
Primary Sponsor:                Fulmer
Committee Number:               11
Type of Legislation:            CR
Subject:                        Constitution, amendment of
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       GJK/20240SD.94
Introduced Date:                19940216
Last History Body:              Senate
Last History Date:              19940323
Last History Type:              Introduced, referred to
                                Committee
Scope of Legislation:           Statewide
All Sponsors:                   Fulmer
Type of Legislation:            Concurrent
                                Resolution

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4757  Senate  19940323      Introduced, referred to         11
                            Committee
4757  House   19940323      Adopted, sent to Senate
4757  House   19940224      Debate adjourned until
                            Tuesday, March 1, 1994
4757  House   19940223      Committee Report: Favorable     24
4757  House   19940216      Introduced, referred to         24
                            Committee

COMMITTEE REPORT

February 23, 1994

H. 4757

S. Printed 2/23/94--H.

Read the first time February 16, 1994.

To whom was referred a Concurrent Resolution (H. 4757), memorializing the Congress of the United States to propose an amendment to Article V of the United States Constitution that will enable, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DEWITT WILLIAMS, for Committee.

A CONCURRENT RESOLUTION

MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

Whereas, all thirty-three amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and

Whereas, more than four hundred petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and

Whereas, there should be a proper balance of national and state power in a federal system. The present mechanism for the states to initiate a constitutional convention has proved to be unworkable, and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and

Whereas, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of the Council of State Governments, an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and

Whereas, the main thrust of the Task Force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and

Whereas, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina memorialize the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which provides that whenever three-fourths of the legislatures of the several states consider it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period.

Be it further resolved, that copies of this resolution be sent to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the Senators and members of the House of Representatives from South Carolina.