Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The political divide among members of Congress and members of state legislatures is continually growing, so imagine the horror we would face if Congress called a constitutional convention wherein the delegates are given the opportunity to propose amendments to the U.S. Constitution. Stuff of nightmares? You bet.
Article V of the U.S. Constitution provides, in part: “[O]n application of two thirds of the legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The amendments proposed by the convention would then bypass Congress and be sent to the states for ratification. If three-quarters of the states approve, the amendment becomes part of the Constitution.
So far this year, the legislatures of Wisconsin, Nebraska, West Virginia and South Carolina have passed resolutions calling for a constitutional convention. That brings the total number of states that have done so to 17, the halfway point required to trigger the process. Indiana’s Legislature was the sixth when it passed the resolution in 2016.
The movement is being pushed by Convention of States Action. Its website does not identify its officers or who is leading the organization. Given the potential impact of a constitutional convention, one must ask whose money and power is pushing this, and why don’t they want us to know who they are?
One hint is that the group is organized under the laws of Texas, and it is to Texas you send your donation, but there is no listed office address or phone number or even a contact tab. Grassroots supporters do not have the means to provide the resources for this kind of political endeavor, which brings me back to my question: Who is it really and why?
The website does have a list of 44 Republican individuals it identifies as “endorsers.” Of the 44, former Alaskan governor Sarah Palin is the only woman. The list also includes the likes of talk-show host Sean Hannity, Kentucky U.S. Sen. Rand Paul, Texas Gov. Greg Abbott and Florida Gov. Ron DeSantis.
The petition calls for a constitutional convention that is limited to considering amendments “that will impose fiscal restraints on the federal government, limit its power and jurisdiction and impose term limits on its officials and members of Congress.” Limiting the power and jurisdiction of the federal government could include provisions regarding guns, a woman’s right to choose, immigration and same-sex marriage, among a myriad of depressing possibilities. That such topics might be tackled given the current political climate truly is a greater nightmare than the one on Elm Street.
Take, for example, an amendment adopted by a “simulated” convention that provided, in part: “The Legislatures of the States shall have authority to abrogate any provision of federal law issued by the Congress, president, or administrative agencies of the United States, whether in the form of a statute, decree, order, regulation, rule, opinion, decision, or other form.” If such an amendment passed, we would no longer be the United States but rather an association of states with each operating under its own law.
Article V does not specify who will constitute the delegates to a constitutional convention. This particular provision of Article V has never been used. Given recent events and decisions, I do not hold much hope that the U.S. Supreme Court will protect us and provide reasonable guidance. Whoever the delegates might be, you can bet the choices will be political.
To date, the Convention of States Action has been flying under the radar. It is time that someone lifted the rock so we can see exactly who is under it.•
__________
Celestino-Horseman is an Indianapolis attorney. Send comments to ibjedit@ibj.com.
Click here for more Forefront columns.
Please enable JavaScript to view this content.