Saturday, January 29, 2022

Convention of the States

1/28/22 Newsweek:

The Nebraska Legislature overcame the filibuster in approving a push for a convention of states to amend the U.S. Constitution, becoming the 17th state to do so.

State lawmakers passed a legislative resolution, LR14, in a 32-11 vote Friday, according to the Unicameral Update.

A convention of states is outlined in Article V of the Constitution, according to The National Consitution Center. It is used to bypass Congress to amend the Constitution, but has never been used. A state's call for amendments can only be considered after approval by two-thirds of its Legislature. With Nebraska's call, the U.S. is halfway to getting the 34 states required for a convention, the Associated Press reported.

In the resolution, the Nebraska Legislature, like other states, proposes amendments that will "impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress."

There are conservatives fearful that a runaway Convention of the States might gut most of the Bill of Rights.  I look at who is most afraid of a Convention of the States, CommonCause and various establishment "thinkers":

One group seeking a convention in the hope that it would produce a balanced budget amendment to the Constitution claims — using highly dubious math — to have resolutions from 28 of the 34 states required to compel Congress to call such a convention. Another group, the Convention of States Project (COSP), seeks more broadly to strip the federal government of power. The American Legislative Exchange Council (ALEC) is supporting this effort.  

A liberal group, Wolf PAC, has persuaded a handful of blue states to request an Article V convention with the hope that it will reform campaign finance law.  

While not every State that has passed a request is Red, look at the map and ask yourself, how many of those States will send delegates to gut the Bill of Rights?  How many will rein in the power of a Supreme Court that seems to selectively incorporate the Bill of Rights. This map tells me that Red States will dominate:

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