The so-called “Con-Con” (Constitutional Convention) hearing took place in the Idaho State Senate Affairs Committee Friday. It was passed by a 5-4 vote and is headed for a debate by the full Senate. Senate Concurrent Resolution (SCR) 108 calls for a formal application to Congress to call for an Article V Convention to consider a balanced budget amendment to the U.S. Constitution. The Concurrent Resolution was sponsored by Sen. Marv Hagedon (R-Meridian) and Rep. Christy Perry (R-Nampa).
The resolution emanates from Article V of the U.S. Constitution which sets out two different ways to add amendments. The normal way – the way we learned in social studies – is that the House of Representatives and Senate approve an amendment by a 2/3 vote and then send it to the states for ratification. If 3/4 of the states (38) ratify the amendment, then it becomes part of the Constitution. However, the second way involves 2/3 of the states (34) calling for a Constitutional Convention and offering amendments. Once they do that, again, 3/4 of the states would have to ratify any amendments in order for them to be added to the Constitution… that is unless at the convention they change that.
To date, 28 states have passed resolutions asking Congress to call for a convention of the states. What is interesting is the states are not just deep red states. They do include the likes of Mississippi and Alabama, but they also include blue states like Maryland and Colorado as well as purple states like Ohio, Michigan, Nevada and Florida. However, many of these current “blue” and “purple” states passed their resolutions in the 1970’s and 1980’s, so a lot has changed.
The Idaho State House has a similar bill – HCR 18 – which is being sponsored by Rep. Tom Loertscher/(R) from Iona. This resolution is much broader. Not only does it call for a convention to consider a federal balanced budget amendment, it also wants the convention to take action to remedy the federal government’s failure to properly interpret the Constitution, abolish unfunded mandates and propose amendments that restrain “related abuses of power.” VERY broad.
So what’s the big deal? Many of the 28 states have passed their resolutions under the auspices of calling for a balanced budget amendment. On the surface this may not seem so radical, however, some legal scholars have opined that no matter how restrictive the respective states may make their resolutions, once the convention of the states begins, that may all change. Maybe the delegates decide to pass rules that release them from merely considering a balanced budget amendment. Maybe enough states have delegates who are sent under a broad mandate like HCR 108 and they start proposing all kinds of amendments. The unknowns abound because the section of Article V of the U.S. Constitution noted above (“…on the Application of the Legislatures of two thirds of the several states…”) has NEVER been utilized in our history. The last time we saw anything like this was during the Constitutional Convention of 1787 when the state delegations got together to fix the Articles of Confederation but ultimately formed an entirely new government. That Convention was (necessarily) held in secret and there is nothing in the Constitution that requires such a modern-day convention to be public.
The push for this convention of the states is being spear-headed by conservative groups like ALEC, so that’s why progressives and moderates are freaking out a bit. Under the nightmare scenario, 34 states send delegates to a convention ostensibly to pass a balanced budget amendment, but then the delegates could highjack the convention and propose a slew of constitutional amendments outlawing abortion, gay marriage, minimum wage, you name it. Then again, depending on how such a convention went, enough big states could propose amendments to withdraw the 2nd amendment, restrict religious rights, etc. Regardless of how it goes, Idaho could become a non-factor. Many people at the hearing Friday expressed concern that small-state Idaho would get no voice at such a convention.
What makes this truly scary is the fact that a convention of states to offer amendments to the Constitution has never happened and we’re getting close to the required 34 states (Idaho would be the 29th). We are living in truly amazing times! Here’s a link to a 2014 Washington Post article that explains all the stress.