The resolution is a formal application from the South Dakota Legislature to the United States Congress, requesting the convening of a convention under Article V of the U.S. Constitution. The purpose of this convention would be to propose an amendment that would establish a fixed number of justices on the United States Supreme Court, specifically one chief justice and eight associate justices. The resolution outlines the historical context of the Supreme Court's composition, noting that the number of justices has fluctuated over time due to political motivations and legislative actions, including significant changes made in the Judiciary Acts of 1789, 1801, and 1869.
Furthermore, the resolution emphasizes the need for stability in the Supreme Court's structure, arguing that the current practice of altering the number of justices for political gain undermines the integrity of the judiciary. It also states that this application will remain active until two-thirds of the state legislatures have made similar applications, and it specifies that this request should not be combined with any other proposals for a convention addressing different issues. The resolution mandates that copies of the application be sent to various federal and state officials to seek their support in this initiative.