Amended - Not Printed Bill for the House

Amt. No. 1 (LC-3008.SA0003H)

March 5, 2025

H. 3008

Introduced by Reps. Forrest, G. M. Smith, W. Newton, Wooten, Pope, Pedalino, Taylor, Hixon, Davis, M. M. Smith, Teeple, Robbins, Mitchell, Yow, Ligon, J. L. Johnson and Willis

S. Printed 3/5/25--H.

Read the first time January 14, 2025

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A concurrent RESOLUTION

TO APPLY FOR A CONVENTION UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION IN ORDER TO PROPOSE A CONGRESSIONAL TERM LIMITS AMENDMENT.

   Amend Title To Conform

Whereas, the legislature of South Carolina hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America, to call a convention limited to proposing an amendment to the Constitution of the United States of America to set a limit on the number of terms that a person may be elected, as a member, to the United States House of Representatives and the United States Senate; and

Whereas, the Secretary of State is hereby directed to transmit copies of this application to the President and Secretary of the Senate of the United States; the Speaker, Clerk, and Judiciary Committee Chairman of the House of Representatives of the Congress of the United States; the members of the Senate and House of Representatives from this State; and the presiding officers of each of the legislative houses in the several states, requesting their cooperation; and

Whereas, this application shall be considered as covering the same subject matter as the applications from other states to Congress to call a convention to set a limit on the number of terms for which a person may be elected to the House of Representatives of the Congress of the United States and the Senate of the United States. This application shall be aggregated with those applications for the purpose of attaining the two-thirds of states necessary for requiring Congress to call a limited convention on this subject, but it shall not be aggregated with any other applications on any other subject; and

Whereas, this application constitutes a continuing application in accordance with Article V of the Constitution of the United States of America until the legislatures of at least two-thirds of the several states have made applications on the same subject. Now, therefore,

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

That the members of the General Assembly, by this resolution, apply for a convention under Article V of the United States Constitution in order to propose a congressional term limits amendment.

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; and

   (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; and

   (4) by definition, an amendment convention of the states means that states shall vote on the basis of one state, one vote; and

   (5) a convention of the states convened pursuant to this application must be limited to consideration of the topics specified in this concurrent 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; and

   (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

   (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.

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