SD House Panel Votes to Limit Article V Delegate Authority

Washington at Constitutional Convention of 1787, signing of U.S. Constitution.

Washington at Constitutional Convention of 1787, signing of U.S. Constitution.

The South Dakota House State Affairs Committee considered HB 1069 which seeks to limit the authority of delegates to an Article V convention to amend the U.S. Constitution, voting 9-3 in favor of advancing the bill to the full House.

Prime sponsor Rep. Jim Stalzer spoke for the bill, stating that our federal government needed to be reined in, but that many people had concerns that delegates to a theoretical Article V convention might act out contrary to the wishes of their states. Stalzer said this bill was not in itself a call for a convention, and that while some states had sought to impose criminal penalties if a delegate acted contrary to the wishes of their state, Stalzer believed a financial penalty was sufficient deterrent.

Representative Isaac Latterell, Lindsey Riter-Rapp of the National Federation of Independent Business, Senator Ernie Otten, and Mark Chase of the South Dakota Family Policy Council also spoke in favor of the bill.

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Speaking in opposition to the bill were Rita Houglum of South Dakota Eagle Forum, Eldon Stahl of Mitchel, South Dakota, Cindy Flakoll of Concerned Women of America Legislative Action Committee, and Robert Brown of Billings, Montana.

Most of those speaking in opposition to the bill were not so much opposed to the limitation on delegates as they were opposed to an Article V convention in general, due to the potential threats to existing constitutional protections which could arise during such a convention.

Bartling Nay Bolin Yea Haggar (Don) Yea
Hawley Nay Langer Yea Mickelson Yea
Munsterman Excused Solum Nay Stevens Yea
Verchio Yea Wink Yea Westra Yea
Gosch Yea


Ayes 9 Nays 3 Excused 1 Absent 0


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Bob Ellis has been the owner of media company Dakota Voice, LLC since 2005. He is a 10-year U.S. Air Force veteran, a political reporter and commentator for the past decade, and has been involved in numerous election and public policy campaigns for over 20 years. He was a founding member and board member of the Tea Party groups Citizens for Liberty and the South Dakota Tea Party Alliance. He lives in Rapid City, South Dakota with his wife and two children.
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