South Carolina S 1164: Call for an Article V Convention of States on Federal Fiscal Responsibility

Bill Text

2025-2026 Bill 1164 Text of Previous Version (May. 05, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 1164

Indicates Matter Stricken
Indicates New Matter

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

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 t