2019 House Joint Resolution 1004 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

148B0652   HOUSE JOINT RESOLUTION   NO.  1004  

Introduced by:    Representative Johnson (David) and Senator Greenfield (Brock)
 

        A JOINT RESOLUTION, Rescinding House Joint Resolutions calling for a constitutional convention, or convention of the states, for the purpose of amending the Constitution of the United States.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE SENATE CONCURRING THEREIN:
    WHEREAS, the Legislature of the State of South Dakota, in 1907, adopted House Joint Resolution 2; in 1909, adopted House Joint Resolutions 5 and 7; and in 1971, adopted House Joint Resolution 503, making formal application to Congress to call an Article V constitutional convention for the purpose of altering the Constitution of the United States of America; and
    WHEREAS, Article V of the Constitution of the United States reserves exclusively to Congress the federal authority to call a constitutional convention; and
    WHEREAS, Article V of the Constitution of the United States declares the "Mode of Ratification" of amendments arising from a constitutional convention shall be determined not by the states or by the delegates, but by Congress; and
    WHEREAS, the States have no constitutional authority to establish, or to predetermine, the

rules of order or operational aspects of a constitutional convention called by Congress under Article V of the Constitution of the United States; and

    WHEREAS, nothing in Article V of the Constitution of the United States limits the constitutional convention to any specific topic or to any specific list of topics; and
    WHEREAS, nothing in Article V of the Constitution of the United States guarantees, nor can any state application guarantee, state legislatures the right to a ratification vote on amendments arising from a constitutional convention:
    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, the Senate concurring therein, that House Joint Resolution 2, adopted in 1907; House Joint Resolutions 5 and 7, adopted in 1909; and House Joint Resolution 503, adopted in 1971, of the Legislature of the State of South Dakota, be rescinded; and
    BE IT FURTHER RESOLVED, that the secretary of state transmit copies of this resolution to the President of the United States, the Speaker and Clerk of the United States House of Representatives, the President and Secretary of the United States Senate, the members of the South Dakota congressional delegation, and the Governor of the State of South Dakota, attesting the adoption of this resolution by the Legislature of the State of South Dakota.

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