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 specifies the selection process for delegates, their responsibilities, and the language of the proposed amendment, which prohibits delegates from voting on any alternative amendments that may arise during the convention. A Delegate Credential Committee will oversee the appointment and qualifications of delegates, ensuring they adhere to the General Assembly's directives and report on the convention's progress.
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 outlines a process for states to execute this countermand within 18 months, after which the challenged federal action remains enforceable unless the countermand is finalized. It also includes penalties for obstructing the amendment's implementation, such as criminal prosecution and impeachment for government officials, and allows states to prosecute violations under their laws if federal action is not taken within 90 days. Upon ratification by three-fourths of state legislatures, this amendment would become part of the U.S. Constitution, applicable across all states and territories.