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South Dakota House Bill HJR5002

South Dakota 2025 Regular Session

South Dakota House Bill HJR5002 Compare Versions

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1-25.115.11 100th Legislative Session HJR5002
1+25.115.10 100th Legislative Session HJR5002
22
33
44 2025 South Dakota Legislature
55 House Joint Resolution 5002
6-ENROLLED
7-
8-AN ACT
9-
10-
11-A JOINT RESOLUTION, Applying to the United States Congress under Article V of the
12-United States Constitution to call for a convention for proposing an
13-amendment to the constitution establishing congressional term limits.
14-Section 1. WHEREAS, the framers of the Constitution empowered state legislatures to be
15-guardians of liberty against future abuses of power by the federal government; and
16-Section 2. WHEREAS, the framers of the Constitution envisioned a part -time federal
17-legislature comprised of citizen legislators who would retain and return to some other
18-profession when not occupied by the business of the people; and
19-Section 3. WHEREAS, the United States Supreme Court ruled in U.S Term Limits, Inc. v.
20-Thornton that the individual states may not impose additional qualifications for prospective
21-members of Congress that are not specified in the United States Constitution; and
22-Section 4. WHEREAS, it is the solemn duty of the states to protect the liberty of the people
23-by proposing amendments to the United States Constitution through a convention of states
24-authorized by Article V of the United States Constitution;
25-Section 5. NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the One
26-Hundredth Legislature of the State of South Dakota, the Senate concurring therein, that an
27-application is hereby made to the Congress of the United States, as provided by Article V of
28-the United States Constitution, to call a convention solely for the purpose of proposing an
29-amendment to the United States Constitution establishing a limit on the number of terms to
30-which an individual may be elected to serve as a member of the United S tates House of
31-Representatives or the United States Senate; and
32-Section 6. BE IT FURTHER RESOLVED, that the secretary of state shall transmit copies of
33-this application to the President and Secretary of the United States Senate; to the Speaker
34-and Clerk of the United States House of Representatives; and to the chairmen of the Judiciary 25.115.11 2 HJR5002
35-HJR5002 ENROLLED
36-Committee of the United States House of Representatives and the Judiciary Committee of the
37-United States Senate. The secretary of state is directed to transmit copies of this application
38-to the presiding officers of each of the legislative houses in the several states, requesting their
39-cooperation; and
40-Section 7. BE IT FURTHER RESOLVED, that this application constitutes a continuing
41-application in accordance with Article V of the United States Constitution until the legislatures
42-of two-thirds of the several states have made applications to Congress to call a convention to
43-establish a limit to the number of terms to which an individual may be elected as a member
44-of the United States House of Representatives or the United States Senate. This application
45-must be aggregated with the applications of the other states for the purpose of attaining the
46-applications from the legislatures of two-thirds of the several states necessary to require
47-Congress to call a convention solely for the purpose of establishing term limits for members
48-of the United States House or Representatives and the United States Senate. This application
49-may not be aggregated with any other applications that seek a convention to address any
50-other issue. 25.115.11 3 HJR5002
51-HJR5002 ENROLLED
52-A JOINT RESOLUTION, Applying to the United States Congress under Article V of the United
53-States Constitution to call for a convention for proposing an amendment to the constitution
54-establishing congressional term limits.
55-
56-
57-
58-
59-I certify that the attached Resolution
60-originated in the:
61-
62-House as Joint Resolution No. 5002
63-
64-
65-
66-Chief Clerk
67-
68-
69-
70-
71-Speaker of the House
72-
73-Attest:
74-
75-
76-
77-
78-Chief Clerk
79-
80-
81-
82-
83-President of the Senate
84-
85-Attest:
866
877
888
899
9010
91-Secretary of the Senate
9211
12+Introduced by: Representative Rehfeldt
9313
94-
95-House Joint Resolution No. 5002
96-File No. ____
97-Chapter No. ______
98-
99-
100-
101-STATE OF SOUTH DAKOTA ,
102-ss.
103-Office of the Secretary of State
104-
105-
106-Filed ____________, 2025
107- at _________ o'clock __M.
108-
109-
110-
111-
112-
113-Secretary of State
114-
115-
116-
117-By
118-Asst. Secretary of State
119-
120-
121-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+A JOINT RESOLUTION, Applying to the United States Congress under Article V of the 1
17+United States Constitution to call for a convention for proposing an 2
18+amendment to the constitution establishing congressional term limits. 3
19+Section 1. WHEREAS, the framers of the Constitution empowered state legislatures to be 4
20+guardians of liberty against future abuses of power by the federal government; and 5
21+Section 2. WHEREAS, the framers of the Constitution envisioned a part -time federal 6
22+legislature comprised of citizen legislators who would retain and return to some other 7
23+profession when not occupied by the business of the people; and 8
24+Section 3. WHEREAS, the United States Supreme Court ruled in U.S Term Limits, Inc. v. 9
25+Thornton that the individual states may not impose additional qualifications for prospective 10
26+members of Congress that are not specified in the United States Constitution; and 11
27+Section 4. WHEREAS, it is the solemn duty of the states to protect the liberty of the people 12
28+by proposing amendments to the United States Constitution through a convention of states 13
29+authorized by Article V of the United States Constitution: 14
30+Section 5. NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the One 15
31+Hundredth Legislature of the State of South Dakota, the Senate concurring therein, that an 16
32+application is hereby made to the Congress of the United States, as provided by Article V of 17
33+the United States Constitution, to call a convention solely for the purpose of proposing an 18
34+amendment to the United States Constitution establishing a limit on the number of terms to 19
35+which an individual may be elected to serve as a member of the United States House of 20
36+Representatives or the United States Senate; and 21
37+Section 6. BE IT FURTHER RESOLVED, that the secretary of state shall transmit copies of 22
38+this application to the President and Secretary of the United States Senate; to the Speaker 23
39+and Clerk of the United States House of Representatives; and to the chairmen of the Judiciary 24 25.115.10 2 HJR5002
40+ Underscores indicate new language.
41+ Overstrikes indicate deleted language.
42+Committee of the United States House of Representatives and the Judiciary Committee of the 1
43+United States Senate. The secretary of state is directed to transmit copies of this application 2
44+to the presiding officers of each of the legislative houses in the several states, requesting their 3
45+cooperation; and 4
46+Section 7. BE IT FURTHER RESOLVED, that this application constitutes a continuing 5
47+application in accordance with Article V of the United States Constitution until the legislatures 6
48+of two-thirds of the several states have made applications to Congress to call a convention to 7
49+establish a limit to the number of terms to which an individual may be elected as a member 8
50+of the United States House of Representatives or the United States Senate. This application 9
51+must be aggregated with the applications of the other states for the purpose of attaining the 10
52+applications from the legislatures of two-thirds of the several states necessary to require 11
53+Congress to call a convention solely for the purpose of establishing term limits for members 12
54+of the United States House or Representatives and the United States Senate. This application 13
55+may not be aggregated with any other applications that seek a convention to address any 14
56+other issue. 15