South Carolina General Assembly
114th Session, 2001-2002

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Bill 5102


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      5102
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020411
Primary Sponsor:                  Klauber
All Sponsors:                     Klauber, Campsen
Drafted Document Number:          l:\council\bills\bbm\9031zw02.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Date of Last Amendment:           20020509
Subject:                          Balanced Federal Budget and 
                                  Constitutional Convention, provisions 
                                  regarding


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020515  Introduced, read first time,           06 SF
                  referred to Committee
------  20020513  Scrivener's error corrected
House   20020510  Read third time, sent to Senate
House   20020509  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20020510
House   20020508  Committee report: Favorable with       25 HJ
                  amendment
House   20020418  Co-Sponsor added (Rule 5.2) by Rep.            Campsen
House   20020411  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on May 8, 2002 - Word format
Revised on May 9, 2002 - Word format
Revised on May 13, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

May 9, 2002

    H. 5102

Introduced by Reps. Klauber and Campsen

S. Printed 5/9/02--H.    [SEC 5/13/02 2:09 PM]

Read the first time April 11, 2002.

            

A BILL

TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.

    Amend Title To Conform

Whereas, the General Assembly of the State of South Carolina, acting with the best of intentions, at various times and during various sessions, has previously made applications to Congress to call one or more conventions to propose either a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions of Article V thereof; and

Whereas, former Chief Justice of the Supreme Court of the United States of America Warren E. Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg, and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, any limitations or restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of the citizens and the duties of various levels of government; and

Whereas, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times, without the need to resort to a constitutional convention, and has been interpreted for more than two hundred years and has been found to be a sound document which protects the lives and liberties of the citizens; and

Whereas, there is no need for, rather, there is great danger in, a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another two centuries of litigation over its meaning and interpretation. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Joint Resolution 775 of 1976 is repealed.

SECTION    2.    The General Assembly of the State of South Carolina disavows any other calls or applications, by any means expressed, including, but not limited to S.1024 of 1978, to Congress for a constitutional convention.

SECTION    3.    This act takes effect upon approval by the Governor.

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