SCR100 would apply to Congress for the calling of a “convention of the states” under Article V of the U.S. Constitution.
The Senate defeated SCR100 on June 13, 2024, by a vote of 6 to 5 (simple-majority vote of 11 needed to pass). We have assigned pluses to the nays because efforts to call an Article V convention should be resisted. Instead of failing to uphold their oath of office and risking a constitutional convention, legislators in Delaware and the rest of the States can “support and defend” the U.S. Constitution, as required under Article VI, Clauses 2 and 3, by acting to immediately nullify all unconstitutional federal laws. Whenever the federal government assumes undelegated powers, in blatant violation of the 10th Amendment, nullification of such acts is the proper remedy. Article V of the Constitution was designed to correct potential errors or defects in the Constitution, not to misconstrue or abuse its powers. The States need to use Article VI to enforce the Constitution, rather than use Article V to change it.