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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