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Senate approves resolution applying to Congress for Article V convention on fiscal restraints, limits on federal power and term limits
Summary
After extended debate, the South Dakota Senate approved Senate Joint Resolution 502 on Jan. 23, applying to Congress for an Article V convention to propose amendments addressing fiscal restraints on the federal government, limits to federal power and term limits; vote was 23 yays, 9 nays, 3 excused.
The South Dakota Senate voted Jan. 23 to approve Senate Joint Resolution 502, which applies to the U.S. Congress for an Article V convention to propose amendments concerning fiscal restraints on the federal government, further limiting federal power and limiting terms of office for members of Congress and other federal officials.
Senator Melhoff, who introduced the resolution, argued it was necessary because “we're approaching 37,000,000,000,000 in our national debt” and said an Article V convention is a constitutional tool states can use if the federal government fails to self-correct. “I’m priming this bill this year because I think, most of us who observe Washington would agree that they're out of control,” Melhoff said.
Opponents warned of unpredictable consequences. Senator Nelson urged colleagues to consider historical precedent and procedural risks, saying a convention could operate without effective guardrails and asking, “If you have just 1 doubt about this, please vote against it.” Senator Carley likewise highlighted the risk of a “runaway convention,” citing concerns that delegates could exceed instructions and that ratification procedures might be altered away from state legislatures.
Supporters responded that Article V contains ratification safeguards: amendments proposed by a convention must be ratified by three-fourths of the states. Senator Carr said he favored taking action, arguing the country’s fiscal trajectory left little choice: “I think the train left the station already. I think the train has left the station, and we are in the red zone.”
The Senate debate included references to historical examples, constitutional mechanics and opinion from public figures and jurists. The secretary reported the final tally as 23 yays, 9 nays and 3 excused; the resolution was declared passed on the floor.
The resolution applies to Congress to call a convention; it does not itself set state delegate selection procedures or implementation details. Floor remarks referenced both the potential use of state instructions for delegates and the legislature’s power to recall delegates, but did not set specific recall mechanisms, thresholds, or an implementation timeline in the session’s record.
