by Helen Sabin, Corvallis
This is in reply to Terri Lackey and her misinformation about the Convention of States, Jan. 3, 2023. Here are the true facts you need to know and learn about a Convention of States which is safe, legal, Constitutional, and effective.
WHAT IS A CONVENTION OF STATES? (COS)
A convention of states is a convention called by the state legislatures for the purpose of proposing amendments to the Constitution. They are given power to do this under Article V of the Constitution. It is not a constitutional convention. It cannot throw out the Constitution because its authority is derived from the Constitution. It also cannot write, change, or amend the constitution at the convention. That is done ONLY at the ratification of final amendments by 38 states that were PROPOSED at the Convention.
WHO CONTROLS THE CONVENTION OF STATES?
The state legislature is in complete control of the convention of states process from beginning to end. They agree on the topics to be listed on the application to join the convention, they set up a process to select the delegates, they control the delegates and make them sign an “oath of commission”, which set up what the commissioners must debate at the convention, and if a commissioner tries to go rogue, or add anything at the convention, the legislature can remove the commissioners, fine them, and even jail them for violating their oath.
WHY CALL A CONVENTION OF STATES?
It’s simple: to bring power back to the states and the people, where it belongs. Unelected bureaucrats in Washington, D.C. shouldn’t be allowed to make sweeping decisions that impact millions of Americans. But right now, they do. Who do you think should decide what’s best for you and your family? You, or the feds?
HOW ARE COMMISSIONERS SELECTED WHO ATTEND THE CONVENTION?
States are free to develop their own selection process for choosing their delegates—properly called “commissioners.” Historically, the most common method used was an election by a joint session of both houses of the state legislature, but the state legislature will decide.
WHAT HAPPENS AT A CONVENTION OF STATES?
Just like our state legislature and our congress, Commissioners discuss and propose amendment proposals that fit the topics framed by the 34 state resolutions that triggered the convention. All amendment proposals the convention passes by a simple majority of the states will be sent back to the states for ratification. Each state gets one final vote at the Convention.
WHAT ARE THE THREE TOPICS THAT ARE ON THE APPLICATION SENT TO CONGRESS TO JOIN THE CONVENTION OF STATES?
1. Term limits for congress and certain federal employees. 2. A balanced budget. 3. Remove and reduce the power of the Federal government.
IF THE FEDERAL GOVERNMENT IGNORES THE CURRENT CONSTITUTION, WHY WOULD THEY ADHERE TO AN AMENDED CONSTITUTION?
It is not really accurate to say that federal officials “ignore” the Constitution. What they do is take advantage of loopholes and vague wording. For instance, they claim that the power to tax and spend for the general welfare, gives Congress power to tax and spend for any purpose whatsoever. Amendments at a Convention of States today will be written with the current state of the federal government in mind. The language will be unequivocal. There will be no doubt as to their meaning, and no possibility of alternate interpretations.
For example, the General Welfare Clause could be amended to add this phrase: “If the States have the jurisdiction to spend money on a subject matter, Congress may not tax or spend for this same subject matter.”
The Founding Fathers knew the original Constitution was not perfect and would need to be changed to meet the exigencies of future generations, so they wrote Article V of the Constitution for us to use. It is their gift to us 235 years later! Let’s use it! Call, email, or write your state legislator and tell him or her to vote for SJ2 at the Legislature this year. Do it ASAP as the bill comes up for a vote within a few days! Contact them at https://www.leg.mt.gov/legislator-information/
Information taken from the Convention of States.com