Senate Joint Resolution 5-02, which would have instructed Congress to call an Article V convention of states to propose amendments limiting federal power, imposing fiscal restraints and establishing term limits, failed in the South Dakota House after extended floor debate.
Supporters argued the resolution is a constitutional tool to restrain federal overreach and cited debt and perceived long tenures in federal office as reasons to pursue an Article V convention. Representative Heinemann, the floor sponsor, asked members to “vote yes on term limits, limited government, and fiscal restraint.” Representative Rayfeld and others argued for the resolution as a necessary step to address federal fiscal challenges.
Opponents warned of the risks of opening the Constitution to a convention. Representative Jorgensen and several colleagues referenced historical cautions — including quotes from James Madison and other framers — and warned that an open convention could exceed any given state’s intended scope. Representative Duffy said he opposed the measure, calling it risky and unnecessary.
On the roll call the clerk reported ayes 29, nays 38, excused 1; the speaker declared the resolution lost.
Votes at a glance: SJR 5-02 — failed, ayes 29, nays 38, excused 1.
The debate included constitutional history, concerns about ratification thresholds and warnings about possible unintended outcomes of a convention; no further action followed after the vote.