Summary — SB 262: Rescind Old Calls / Constitutional Convention
Status (as provided): Introduced Feb 3, 2025; Passed 1st Reading.
Purpose
- SB 262 directs North Carolina’s General Assembly to withdraw (rescind) every existing application the Assembly previously sent to the U.S. Congress requesting that Congress call a convention under Article V of the U.S. Constitution to propose amendments. The rescission covers all such applications ratified prior to December 1, 2024, whether those applications sought a limited (subject‑specific) convention or a general convention.
Key provisions
- Rescission directive: The General Assembly formally rescinds “all extant applications” it has ratified before Dec. 1, 2024, that requested an Article V convention to propose one or more constitutional amendments.
- Scope: The bill explicitly applies to both (a) “limited” applications (calls on a particular subject or purposes) and (b) “general” applications (calls for an unrestricted convention proposing any number of amendments).
- Effective date: The bill states it becomes effective when it becomes law.
Who or what would be affected
- Primary: North Carolina’s official position on Article V convention calls — the State will no longer count as a supporter of any of the rescinded applications.
- Secondary: National Article V convention movements and the tally of state applications that Congress or organized efforts use to determine whether the 34‑state threshold for calling a convention has been reached. Rescissions by states reduce the pool of active applications.
- Minimal direct effect on individuals or state agencies; the action is procedural and political.
Procedural / timeline aspects
- The bill rescinds only applications ratified prior to Dec. 1, 2024; it does not address applications made afterward.
- Effect is immediate upon enactment (becomes law).
- Whether Congress (or courts) treats state rescissions as effective is an unsettled legal question—Congress historically has discretion in interpreting the Article V process and may or may not accept rescinded applications as withdrawn.
Additional notes / potential legal and practical implications
- Legal uncertainty: There is no definitive Supreme Court precedent resolving whether a state may rescind a previously forwarded Article V application and whether Congress must treat rescissions as nullifying prior submissions. Implementation may therefore depend on congressional practice or future litigation.
- Policy signal: Enactment would clearly state North Carolina’s policy preference against supporting (pre‑Dec. 1, 2024) Article V convention calls.
- Fiscal impact: The bill is procedural and likely carries no material fiscal impact on the State.
For readers: SB 262 is a legislative assertion of state posture toward the interstate Article V convention mechanism; its practical effect on whether a convention is actually called depends on how Congress and the courts treat state rescissions.
