H3676 would apply to Congress for a “convention of the states” under Article V of the U.S. Constitution, “limited” to proposing “fiscal restraints on the federal government through a balanced budget amendment (BBA).
The House passed H3676 on February 29, 2024, by a vote of 68 to 30. 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 attempting to rewrite the U.S. Constitution, legislators in South Carolina should act to immediately nullify all unconstitutional federal laws. Whenever the federal government assumes undelegated powers, in violation of the 10th Amendment, nullification of such acts is the proper remedy. Moreover, simply following the Constitution’s limitations on federal power would more than balance the budget, whereas a BBA would have significant loopholes allowing for continued excessive spending. Article V was designed to correct potential errors or defects in the Constitution, not to misconstrue or abuse its powers. The States must use Article VI to enforce the Constitution, rather than use Article V to change it.