A JOINT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY OF SOUTH CAROLINA SHALL RESCIND, REPEAL, CANCEL, NULLIFY, AND SUPERSEDE TO THE SAME EFFECT AS IF THEY HAD NEVER BEEN PASSED, ANY AND ALL EXTANT APPLICATIONS BY THE GENERAL ASSEMBLY TO THE CONGRESS OF THE UNITED STATES OF AMERICA TO CALL A CONVENTION TO PROPOSE AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA.
Impact
If enacted, this bill would have a significant impact on the state's legislative authority and its relationship with other states. By rescinding these applications, South Carolina would distance itself from any initiatives that might seek to alter the U.S. Constitution through state calls for convention. This aligns with a broader movement among some state legislatures concerned about the potential implications of a constitutional convention, often viewed as unpredictable and risky due to the possibility of broad amendments being proposed.
Summary
House Bill 3395 aims to rescind any applications previously made by the South Carolina General Assembly to the United States Congress for the calling of a constitutional convention. This decision would effectively nullify any past attempts to propose amendments to the U.S. Constitution, regardless of when those applications were made or the specific subjects they pertained to. The resolution would maintain that these applications are invalid and urges other states to similarly withdraw their applications to ensure consistency in legislative efforts across the nation.
Contention
A notable point of contention surrounding H3395 is the debate over the necessity and implications of a constitutional convention itself. Proponents of the bill argue that existing laws and the Constitution provide sufficient means for governance and any amendments should proceed through the traditional legislative route rather than a convention, which could open the door to significant changes. Conversely, opponents may view this as a restrictive move against efforts to amend the Constitution, which some believe is necessary to address current legal and social challenges.
JOINT RESOLUTION RESCINDING ALL PRIOR ARTICLE V CONVENTION APPLICATIONS (Cancels and nullifies all prior applications by the general assembly calling for a constitutional convention.)
JOINT RESOLUTION RESCINDING PREVIOUS ARTICLE V CONVENTION APPLICATIONS (Rescinds any prior applications to the United States Congress from the Rhode Island General Assembly to call for a convention to amend the United States Constitution.)
Resolution Rescinding Previous Applications Of The General Assembly That Called For An Article V Convention To Propose Amendments To The Constitution Of The United States And Directing Transmission Of Such Resolution To Congress For Printing In The Congressional Record.
A concurrent resolution to rescind all extant applications by the North Dakota Legislative Assembly to call a convention to propose amendments to the United States Constitution under Article V of the United States Constitution.
A concurrent resolution to rescind all extant applications by the North Dakota Legislative Assembly to call a convention to propose amendments to the United States Constitution under Article V of the United States Constitution.
Concurrent resolution; rescinding, repealing, canceling, voiding and superseding all extant applications by the Oklahoma Legislature heretofore made during any session thereof to the U.S. Congress to call a convention pursuant to the terms of Article V of the U.S. Constitution for proposing one or more amendments to that Constitution.
Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.
Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.
Rescinding House Concurrent Resolution No. 40 passed by the 2012 New Hampshire General Court asking that Congress call a convention under Article V of the United States Constitution.