Alert Summary

Members of the South Carolina General Assembly are seeking to pass S.369, H.3676, S.481, and H.3895, which would apply to Congress to call “a convention for proposing amendments,” under Article V of the Constitution, otherwise known as a constitutional convention (Con-Con).

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Please help stop S.369, H.3676, S.481, H.3895, and all other Con-Con applications in South Carolina by contacting your state legislators. Urge them to oppose an Article V constitutional convention and to vote against all bills calling for one. Inform them of the dangers of a Con-Con and of the benefits of using nullification instead.

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URGENT: South Carolina’s Article V Con-Con resolutions — S. 369, H. 3676 (BBA), S. 481, H.3895 (term limits), S. 391, H.4626, and H.4625 (delegate bills) — could be scheduled for hearings in their respective committees at any time, and at short notice. Contact your state representative and senator, and urge them to oppose these disastrous resolutions!

Members of the South Carolina General Assembly are seeking to pass a resolution applying to Congress to “call a Convention for proposing Amendments,” under Article V of the Constitution, otherwise known as a constitutional convention (Con-Con) or “convention of the states,” as some erroneously refer to it.

Senate Concurrent Resolution 369 (S.369) and House Concurrent Resolution 3676 (H.3676) would apply to Congress for a convention to propose a so-called “Balanced Budget Amendment.” Additionally, Senate Concurrent Resolution 481 (S.481) and House Concurrent Resolution 3895 (H.3895) would apply to Congress for a convention to propose a congressional term-limits amendment.

Additionally, Senate Bill 391 (S.391), House Bill 4626 (H.4626), and House Bill 4625 (H.4625) have been introduced; it would create guidelines to regulate the conduct of delegates to a convention. S. 391 would be completely useless at preventing a runaway convention — for example, it doesn’t regulate delegates from other states, and it doesn’t prevent delegates from proposing an entirely new constitution (in the 1787 Convention, states also attempted to limit delegates’ authority). The bill would merely create a false sense of security that a convention will not get out of control.

A “balanced budget amendment” would have significant loopholes allowing for continued excessive federal spending while enabling further expansion of the federal government. Meanwhile, term limits would do nothing to limit the federal government or improve our representation. They would throw out the best congressmen along with the worst while ignoring the most serious problems our nation faces, including fiscally-irresponsible policies and lack of adherence to the Constitution.

Contact your legislators and urge them to oppose S.369, H.3676, S.481, H.3895, and all other resolutions applying to Congress to call an a convention to propose amendments to the Constitution, also known as a constitutional convention (Con-Con)!

It is worth noting that this is not South Carolina’s first attempt at promoting a BBA Con-Con. The South Carolina General Assembly previously passed a BBA Con-Con application in 1976 (Joint Resolution 775 of 1976) before rescinding it and every other Con-Con application from the state in 2004! 

On June 3, 2004, the General Assembly passed H. 3400, titled “AN ACT 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.

According to the resolution, the General Assembly accurately recognized: “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.

Section 1 of the resolution repealed Joint Resolution 775 (BBA Con-Con) of 1976. And Section 2 further declared: “The General Assembly of the State of South Carolina disavows any other calls or applications for a constitutional convention made to Congress prior to the effective date of this act, by any means expressed, including, but not limited to, S. 1024 of 1978.

The resolution, H. 3400, was signed by the governor on July 15, 2004, thereby rescinding all of South Carolina’s Con-Con resolutions prior to that date. If the South Carolina General Assembly and governor recognized the dangers of a Con-Con and rescinded all of their previous applications to Congress to call for one then they can and SHOULD do so again!

The full text of the rescission bill can be read HEREhttps://www.scstatehouse.gov/sess115_2003-2004/bills/3400.htm (READ THIS BILL and remind your legislators about it!).

ABOVE ALL, urge your state representative and senator to defeat S.369, H.3676, S.481, and H.3895; to rescind every existing Con-Con application; and to instead consider nullification as a safe and constitutional means to limit government.

https://www.youtube.com/watch?v=7KK9GE10DKY

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