25.115.10 100th Legislative Session HJR5002
2025 South Dakota Legislature
House Joint Resolution 5002
Introduced by: Representative Rehfeldt
Underscores indicate new language.
Overstrikes indicate deleted language.
A JOINT RESOLUTION, Applying to the United States Congress under Article V of the 1
United States Constitution to call for a convention for proposing an 2
amendment to the constitution establishing congressional term limits. 3
Section 1. WHEREAS, the framers of the Constitution empowered state legislatures to be 4
guardians of liberty against future abuses of power by the federal government; and 5
Section 2. WHEREAS, the framers of the Constitution envisioned a part -time federal 6
legislature comprised of citizen legislators who would retain and return to some other 7
profession when not occupied by the business of the people; and 8
Section 3. WHEREAS, the United States Supreme Court ruled in U.S Term Limits, Inc. v. 9
Thornton that the individual states may not impose additional qualifications for prospective 10
members of Congress that are not specified in the United States Constitution; and 11
Section 4. WHEREAS, it is the solemn duty of the states to protect the liberty of the people 12
by proposing amendments to the United States Constitution through a convention of states 13
authorized by Article V of the United States Constitution: 14
Section 5. NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the One 15
Hundredth Legislature of the State of South Dakota, the Senate concurring therein, that an 16
application is hereby made to the Congress of the United States, as provided by Article V of 17
the United States Constitution, to call a convention solely for the purpose of proposing an 18
amendment to the United States Constitution establishing a limit on the number of terms to 19
which an individual may be elected to serve as a member of the United States House of 20
Representatives or the United States Senate; and 21
Section 6. BE IT FURTHER RESOLVED, that the secretary of state shall transmit copies of 22
this application to the President and Secretary of the United States Senate; to the Speaker 23
and Clerk of the United States House of Representatives; and to the chairmen of the Judiciary 24 25.115.10 2 HJR5002
Underscores indicate new language.
Overstrikes indicate deleted language.
Committee of the United States House of Representatives and the Judiciary Committee of the 1
United States Senate. The secretary of state is directed to transmit copies of this application 2
to the presiding officers of each of the legislative houses in the several states, requesting their 3
cooperation; and 4
Section 7. BE IT FURTHER RESOLVED, that this application constitutes a continuing 5
application in accordance with Article V of the United States Constitution until the legislatures 6
of two-thirds of the several states have made applications to Congress to call a convention to 7
establish a limit to the number of terms to which an individual may be elected as a member 8
of the United States House of Representatives or the United States Senate. This application 9
must be aggregated with the applications of the other states for the purpose of attaining the 10
applications from the legislatures of two-thirds of the several states necessary to require 11
Congress to call a convention solely for the purpose of establishing term limits for members 12
of the United States House or Representatives and the United States Senate. This application 13
may not be aggregated with any other applications that seek a convention to address any 14
other issue. 15