The Senate Resolution introduced by Dush on June 3, 2025, aims to establish a delegation from the Commonwealth to participate in an Article V Amendment Convention. The primary goal of this convention is to propose an amendment to the U.S. Constitution that would empower state legislatures to countermand federal mandates that infringe upon states' rights and individual liberties. The resolution outlines the process for selecting delegates, their responsibilities, and the specific language of the proposed countermand amendment, which requires approval from three-fifths of state legislatures before it can be sent for ratification.
The proposed Amendment XXVIII seeks to enhance state sovereignty by allowing state legislatures to nullify federal laws, judicial decisions, executive orders, treaties, and regulatory rulings deemed harmful to their interests, provided that 60% of state legislatures agree. The amendment includes a mechanism for states to execute this countermand within 18 months and mandates the submission of certified documentation to key federal officials. It also establishes penalties for obstructing its implementation, including potential criminal prosecution and impeachment for government officials. Upon ratification by three-fourths of state legislatures, the amendment will become part of the U.S. Constitution and will apply to all U.S. territories.