SC could soon become 18th state to pass measure that aims to rein in federal government
South Carolina is one step closer to joining the call for a convention of states to make amendments to the U.S Constitution.
The Senate Judiciary Committee on Tuesday voted 13-7 down party lines to send the bill, which opponents warn may have unintended consequences, to the Senate floor for debate.
The bill, which already passed the House by a 66-42 vote, seeks to tap a little-used section of the Constitution allowing states to hold a convention to propose changes to the founding document. A convention of states has only been called once before in the nation’s history, when delegates were called to fix the Articles of Confederation by any means necessary. Delegates ultimately tossed out the articles and wrote the current Constitution in what some have dubbed a “run-away convention.”
If the bill becomes law, South Carolina would be the 18th state to call for a convention. For a convention to occur, two-thirds of state legislatures, or 34 of 50, would need to pass a similar bill.
Bill sponsor Rep. Bill Taylor, R-Aiken, said South Carolina’s delegates would be limited to talking about checking federal spending, limiting federal power and setting term limits for members of Congress. Creating another layer, a companion bill in the Senate would threaten any “unfaithful delegates” who act outside the bounds of Taylor’s proposal with felony charges, said state Sen. Chip Campsen, R-Charleston.
But opponents argue that since the convention of states hasn’t regularly been used, anything could happen and there would be no way to structure what the delegates do. That could lead to major changes to the current Constitution, including to the Second Amendment, and the amendments passed in the wake of emancipation and women’s suffrage.
“We send folks to a constitutional convention, … what is to prevent them from doing more than the balanced budget? Could they repeal the Second Amendment?” Sen. Dick Harpootlian, D-Richland, said.
Supporters said Tuesday that there are important stopgaps that would stop the convention from doing anything too drastic. Whatever changes the convention proposed would need the approval of three-fourths, or 38, of state legislatures. Campsen called that measure a “very important safeguard.”
“Nobody’s talking about putting the whole constitution on the chopping block,” Sen. Josh Kimbrell, R-Spartanburg, said.
This story was originally published February 22, 2022 at 5:07 PM with the headline "SC could soon become 18th state to pass measure that aims to rein in federal government."
