We would like to update you about the outcome of several important bills in the South Carolina General Assembly.
Article V Convention
We are monitoring several resolutions for an Article V constitutional convention, which would open up the U.S. Constitution to radical revisions that could obliterate the God-given freedoms that it guarantees.
Senate Concurrent Resolution 369 (S.369) and House Concurrent Resolution 3676 (H.3676) would apply to Congress for a convention to propose a so-called “Balanced Budget Amendment.” Additionally, Senate Concurrent Resolution 481 (S.481) and House Concurrent Resolution 3895 (H.3895) would apply to Congress for a convention to propose a congressional term-limits amendment.
Meanwhile, Senate Bill 391 (S.391) has been introduced. It is designed to give false assurance that a convention won’t get out of control, doing this by ostensibly regulating the appointment and conduct of delegates (referred in the bill as “commissioners”). Such a bill would be completely useless at preventing a runaway convention — for example, S.391 doesn’t regulate delegates from other states, and it doesn’t prevent delegates from proposing an entirely new constitution (in the 1787 Convention, states also attempted to limit delegates’ authority).
Despite the conservative sounding language of the purpose of these resolutions, the truth is that any Con-Con could accomplish the same goals that many of its advocates claim to be fighting against. As evidence, a 2016 Convention of States (COS) controlled simulation resulted in amendments massively increasing the federal government and expanding its spending powers! The late Supreme Court Justice Antonin Scalia understood the danger of a constitutional convention, stating in 2015 that “this is not a good century to write a constitution.”
Thankfully, the General Assembly did not pass any of these resolutions this year. Nonetheless, our vigilance and fight for freedom continues; these resolutions could be passed next year by the General Assembly.
Please remain in contact with your legislators. Inform them about the dangers of a Con-Con, and if they already oppose this disastrous scheme, thank them and urge them to remain steadfast in their opposition.
Con-Con Rescission
We had been monitoring House Joint Resolution 4273 (H.4273), which would rescind every live, or extant, application by the General Assembly for an Article V constitutional convention. H.4273 declares:
The General Assembly of South Carolina shall rescind, repeal, cancel, nullify, and supersede to the same effect as if they had never been passed, any and all extant applications by the General Assembly to the Congress of the United States of America to call a convention to propose amendments to the Constitution of the United States of America, pursuant to the terms of Article V thereof, regardless of when or by which session or sessions of the General Assembly such applications were made and regardless of whether such applications were for a limited convention to propose one or more amendments regarding one or more specific subjects or purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects.
Although the General Assembly did not take action on H.4273 so far this year, it could still enact the resolution next year. Please remain in contact with your legislators, and urge them to rescind all existing applications for a federal constitutional convention.
Nullification
We are monitoring House Bill 3539 (H.3539), titled the “South Carolina Sovereignty Act.” This bill would create a formal process for reviewing the constitutionality of “any act, law, treaty, presidential executive order, regulation, rule, or regulatory order issued, adopted, or implemented by the government of the United States on or after January 1, 2021,” and rejecting those found unconstitutional. If enacted, the South Carolina Sovereignty Act would be one of the strongest and most comprehensive nullification laws in the country. The General Assembly did not take action on H.3539 so far this year; however, it could still enact the bill before the end of next year. Please contact your state legislators and urge them to enact the South Carolina Sovereignty Act.
We are also monitoring House Bill 4246 (H.4246). If enacted, it would “defend the State of South Carolina against violations of the United States Constitution and further prevent the subjecting of the sovereignty and rights of the United States of America to the Charter of the United Nations.” Specifically, it would prevent the WHO’s proposed pandemic treaty or IHR amendments from being enforced in South Carolina, and it includes strong enforcement mechanisms against government entities that violate the law. Although the General Assembly has not taken action on H.4246, it can still enact this important bill before the end of next year. Urge your state legislators to enact H.4246.
More broadly, please continue to contact and meet with your state legislators, urging them to enact legislation that enforces the U.S. Constitution and nullifies unconstitutional federal actions. Furthermore, show your legislators model nullification bills and urge them to enact such legislation.
Sound Money
We are monitoring House Bill 3080 (H.3080). If enacted, it would officially recognize gold and silver coins as legal tender. H.3080 states, “To the full extent allowed by Article 1, Section 10, Clause 1 of the Constitution of the United States, gold and silver coins minted foreign or domestic shall be legal tender in the State of South Carolina under the laws of this State.” Also, House Bill 3081 (H.3081) would exempt “gold, silver, platinum bullion, or any combination of this bullion” from capital-gains taxes.
Both H.3080 and H.3081 are important steps toward treating gold and silver as money — as the U.S. Constitution requires. Although the General Assembly did not take action on these bills, it can still enact them next year. Contact your state legislators, and urge them to enact H.3080 and H.3081.
We have also been monitoring House Bill 4373 (H.4373), House Bill 4442 (H.4442), and Senate Bill 834 (S.834). These bills would amend South Carolina’s definition of money, found in the state’s Uniform Commercial Code, to exclude Central Bank Digital Currencies (CBDCs), effectively banning them within South Carolina — a great first step in the wake of the Biden administration’s push to create a digital currency. These bills come as state legislatures consider legislation pushed by the Uniform Law Commission (ULC) that would pave the way for a CBDC by banning free-market cryptocurrencies. Although the General Assembly did not take action on these bills, it can still enact them next year. Contact your state legislators, and urge them to enact H.4373, H.4442, and S.834.
Continue informing your legislators about the importance of constitutional money, and urge them to take bold action to fully enforce the U.S. Constitution’s monetary provisions.
Government Schools
We had been monitoring Senate Bill 39 (S.39). It created a school-voucher program, in which the government gives parents “public funds” (i.e., government money) to get their children out of government-run public or charter schools and instead place them in private school or to homeschool them. Although these proposals might sound good, they severely threaten individual freedom and parental rights by shackling parents and religious schools to government funding — and the various strings attached. Unfortunately, the General Assembly enacted this deceptive bill.
Contact your legislators and urge them to get government completely out of education — as had been the case in the United States before the late 1800s. Additionally, we encourage all parents to get their children out of the government school system and instead pursue sound alternatives such as homeschooling and patriotic private schools.
Constitutional Carry
We are monitoring Senate Bill 109 (S.109), House Bill 3594 (H.3594), and House Bill 3612 (H.3612), all of which would ostensibly enact Constitutional Carry in South Carolina. However, despite removing the permit requirement for carrying firearms in South Carolina, these bills contain multiple provisions restricting the God-given right to keep and bear arms. For example, S.109 expands felonies for gun possession and state knowledge of firearm dispositions even when lost or stolen (see Sections 19 and 20), while H.3594 (which has already passed the House) contains certain other restrictions. Continue contacting your state legislators, and urge them to fully protect the God-given right to keep and bear arms — with no exceptions.
Continue Your Education and Action Efforts
The John Birch Society encourages you to remain in contact with and continue educating your state legislators about these and other important issues imperative to keeping our Republic and promoting personal freedom.
As Robert Welch wrote, “education is our total strategy, and truth is our only weapon.”
