South Dakota lawmakers could support national constitutional convention

PIERRE, S.D. (KELO) — An attempt to call a national convention to propose amendments to the United State Constitution is moving ahead in the South Dakota Legislature.

The House State Affairs Committee voted 8-5 on Monday to send Senate Joint Resolution 502 to the full House of Representatives. A decisive final vote there could come as early as Tuesday afternoon.

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The Senate had approved the resolution by a 26-9 vote on January 21.

SJR502 calls for consideration of amendments dealing with imposing 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.

The three-page resolution doesn’t specify the wording of those proposals.

Republican Sen. Jim Mehlhaff is prime sponsor. Republican Rep. Leslie Heinemann is the lead House sponsor.

“I don’t think anyone in this room thinks the federal government is restricted,” Heineman told the House committee.

Because it’s a resolution, under the South Dakota Constitution, the governor has no authority to approve or veto it.

Nineteen states have approved resolutions so far. At least 34 states are necessary for Congress to call the national convention. If any amendment was officially proposed at the convention, each state would then decide whether the change should be made to the U.S. Constitution. Changing the U.S. Constitution would require support from three-fourths of the states.

Notes the Office of Federal Register, “None of the 27 amendments to the Constitution have been proposed by constitutional convention.”

Republican Rep. Bethany Soye argued on Monday the South Dakota resolution should move forward. “I’m concerned about the country my children are going to inherit,” Soye said.

Republican Rep. Brandei Schaefbauer tried to stop it. “I just think by opening it (the U.S. Constitution) up, it’s a Pandora’s box, and I would rather not do that,” Schaefbauer said.

Former U.S. Sen. Rick Santorum testified in person and called for the resolution’s approval. He said that the federal government, with a national debt that now exceeds $36 billion, is on the path to fiscal insolvency.

An opponent, Michael Boyle, a pastor from Parkston, warned that South Dakota depends on federal spending, such as for Medicaid, Medicare and Social Security.

A similar resolution was introduced last year, but it was withdrawn by its prime sponsor, Republican Sen. Tom Pischke.

The House this session has approved a narrower resolution, asking for a convention regarding congressional term limits, by a 42-24 vote on January 30. Republican Rep. Taylor Rehfeldt is prime sponsor. A Senate hearing hasn’t been set. The lead Senate sponsor is Republican Casey Crabtree. A Senate committee last year defeated a similar resolution that also was sponsored by Pischke.