applying to the United States Congress for a convention of the states to propose amendments to the United States Constitution regarding the imposition of fiscal restraints on the federal government, further limiting the power and jurisdiction of the federal government, and limiting the terms of office for members of Congress and other federal officials.

26.476.14 101st Legislative Session SJR503

2026 South Dakota Legislature
Senate Joint Resolution 503

Introduced by: Senator Mehlhaff

Underscores indicate new language.
Overstrikes indicate deleted language.
A JOINT RESOLUTION applying to the United States Congress for a convention of 1
the states to propose amendments to the United States Constitution 2
regarding the imposition of fiscal restraints on the federal government, 3
further limiting the power and jurisdiction of the federal government, and 4
limiting the terms of office for members of Congress and other federal 5
officials. 6
Section 1. WHEREAS, the framers of the Constitution of the United States empowered state 7
legislators to be the guardians of liberty against future abuses of power by the federal 8
government; and 9
Section 2. WHEREAS, the federal government, through improper and imprudent spending, 10
has created a crushing national debt that now exceeds the national gross domestic product; 11
and 12
Section 3. WHEREAS, the federal government has overstepped the limits imposed by the 13
Constitution of the United States and has impinged upon the legitimate roles of each state 14
through the manipulative process of federal mandates, many of which are unfunded; and 15
Section 4. WHEREAS, the federal government has ceased to operate under a proper 16
interpretation of the Constitution of the United States; and 17
Section 5. WHEREAS, it is the solemn duty of the states to protect the liberty of the people 18
by proposing amendments to the Constitution of the United States through a convention of 19
the states for the purpose of restraining these and related abuses of power; 20
Section 6. NOW, THEREFORE, BE IT RESOLVED, by the Legislature of the State of South 21
Dakota, that the Legislature submits this application, as provided for by the U.S. Const., Art. 22
V, to the Congress of the United States, seeking a convention of the several states for the 23
purpose of proposing amendments to the United States Constitution to impose fiscal restraints 24
26.476.14 2 SJR503
Underscores indicate new language.
Overstrikes indicate deleted language.
on the federal government, further limit the power and jurisdiction of the federal government, 1
and limit the terms of office for members of Congress and other federal officials; and 2
Section 7. BE IT FURTHER RESOLVED, that the secretary of state shall forward copies of this 3
application to the president and secretary of the United States Senate; the speaker and clerk 4
of the United States House of Representatives; the members of the United States Senate and 5
House of Representatives from this state; the chairmen of the Judiciary Committee of the 6
United States House of Representatives and the Judiciary Committee of the United States 7
Senate; and the presiding officers of each of the legislative houses in the several states to 8
request their cooperation; and 9
Section 8. BE IT FURTHER RESOLVED, that this application constitutes a continuing 10
application in accordance with U.S. Const., Art., V, until the legislatures of two -thirds of the 11
several states have made applications to Congress seeking a convention for the purpose of 12
proposing amendments to the United States Constitution on the same subjects; and 13
Section 9. BE IT FURTHER RESOLVED, that the South Dakota Legislature adopts this 14
application expressly subject to the following reservations, understandings, and declarations: 15
(1) Upon receipt of this application, Congress exercises only the ministerial duty of 16
calling the convention and setting a reasonable time and place for the initial 17
meeting of the convention and only performs this ministerial duty upon the receipt 18
of applications, for a convention for the substantially same purposes as this 19
application, from two-thirds of the legislatures of the several states; 20
(2) Congress does not determine any rules for the governing of a convention for 21
proposing amendments called pursuant to U.S., Const., Art. V; 22
(3) Congress does not set the number of delegates to be sent by any state to the 23
convention, nor name delegates to the convention; 24
(4) Any convention of the states called for the purpose of proposing amendments to 25
the Constitution of the United States pursuant to Article V must require states to 26
vote on the basis of one state, one vote; 27
(5) Any convention for the purpose of proposing amendments, convened pursuant to 28
this application, must be limited to consideration of the topics specified herein and 29
no other; and 30
(6) Congress submits any amendments to the Constitution, proposed by the 31
convention, to the legislatures of the several states for ratification. 32
26.476.14 3 SJR503
Underscores indicate new language.
Overstrikes indicate deleted language.
The Legislature reserves the right to provide instructions to the state's delegates 1
and may recall its delegates from the convention at any time for a breach of a duty or a 2
violation of the instructions provided. 3
Section 10. BE IT FURTHER RESOLVED, this application is made with the express 4
understanding that an amendment, which in any way seeks to amend, modify, or repeal any 5
provision of the Bill of Rights, is not authorized for consideration at this convention. 6