Say “NO” to a Con Con

Radio Commentary, 90.7, 91.7 New Life FM, February 3, 2012
By Sue Ella Deadwyler

Good morning, Jim. 58 members of the Georgia House of Representatives signed H.R. 1137, introduced by Representative Welch January 23rd. They want Congress to call a constitutional convention to pass a balanced budget amendment to limit federal spending.

Also on January 23rd in the Senate an identical bill, S.R. 673, was introduced by Senator Cowsert. If either bill passes, Georgia would be the 19th state to pass such a resolution and a copy would be sent to Congress urging members to convene a constitutional convention. If 34 states (only 15 more) pass the same resolution, a constitutional convention must be called and, after it’s convened, there would be no limit on what it could do. In fact, a well-known member of Congress said he wants a con con, so he could introduce his 16 amendments.

Article V, the ONLY authority for convening a constitutional convention, refers to an “amendments convention.” Notice that the word “amendments” is in the plural, a good indication that more than one amendment could be considered in a con con. Those who say it can be restricted are relying on “dicta,” which is defined as an opinion made without argument or full consideration of the point. In other words, they’re not relying on the words of the Constitution.

Former U.S. Supreme Court Justice Warren Burger said in his June 22, 1988 letter to Eagle Forum President Phyllis Schlafly, “There is no effective way to limit or muzzle the actions of a Constitutional Convention. [It] could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or to one issue, but there is no way to assure that the Convention would obey. After [it’s] convened, it will be too late to stop [it] if we don’t like its agenda.”

The first constitutional convention ignored instructions from the Confederation Congress, discarded the Articles of Confederation and created the Constitution of the United States, which governs us today. In that letter 24 years ago Chief Justice Burger said, “A Constitutional Convention today would be a free-for-all for special interest groups, television coverage, and press speculation.” Just think what a circus it would be today!

H.R. 1137 and S.R. 673 must be defeated. Call Senator Judson Hill at 404 656-0150* and ask him to keep S.R. 673 in committee. Then, call Representative Hatfield at 404 656-5132* and ask him to keep H.R. 1137 in his committee. If they do, our constitution will be protected. For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.