Understanding the Dangers of a Constitutional Convention May 2, 2018 Issue briefing Understanding the Dangers of a Constitutional Convention The most dangerous thing that no one is talking about Jessica Jones Capparell LEAGUE OF WOMEN VOTERS OF THE U.S.

Jessica Jones Capparell Welcome! Jessica Jones Capparell Just a few housekeeping items before we get started… Everyone on the webinar is muted Please use the questions box or “raise your hand’ to ask a question at the end If I don’t get to your question I will respond to you in the next week. The webinar is being recorded and will be available for viewing later

Goals of the Webinar How is the U.S. Constitution Amended? Why is a convention dangerous? What are the current efforts being made to amend the constitution through a convention? What is the League doing to stop it? What can I do in my state?

The Basics: How does the U.S. Constitution get Amended? Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Before I launch into the problem we’re trying to address I want to make sure we all understand what the Constitution says about how it can be amended. Article V of the Constitution is where that process is laid out and it reads: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

The Basics: How does the U.S. Constitution get Amended? Article V of the U.S. Constitution outlines two ways to amend the constitution Amendment process 2/3 of both houses of Congress proposes an amendment must be ratified ¾ of the states Convention Requires 2/3 of states (34) to call for a convention States do this by passing resolutions in their legislative bodies Resolutions are not required to be signed by the governor

Let’s take a quick poll… When is the last time the U.S. had a Constitutional Convention? 1976 1919 1863 1787

ANSWER When is the last time the U.S. had a Constitutional Convention? 1976 1919 1863 1787

The Convention in 1787 wrote the U.S. Constitution Delegates from the states were brought together to “fix” the Articles of Confederation And they ended up rewriting the entire document that governs our country!

The Constitution has served us well for over 200 years So we know that there has only been one constitutional convention and really that convention was never held under the constitution by which we are now governed. It was held under the Articles of Confederation. Our constitution has served us well for over 200 years. Sure, we’ve made some changes, established the Bill of Rights, changed the way Senators are elected, lowered the voting age, ensured that Americans of all races, ethnicities and genders have the right to vote and are counted as whole humans…but for the most part there haven’t been any major changes to the way we are governed. I want to go back to look at the way Article V is written again. This Photo by Unknown Author is licensed under CC BY

The Basics: How does the U.S. Constitution get Amended? Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Read Article V: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Why is a Constitutional Convention Dangerous? The Constitution has served us well for 200 years A convention would throw the country into turmoil A convention puts the power and control of our government into the hands of politicians and special interests There is no limit to the agenda of a convention, no rules about delegate selection “Runaway Convention”

“ “[T]here is no way to effectively limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or one issue, but there is no way to assure that the Convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda.” Warren Burger Former Supreme Court Chief Justice

What are the current efforts being made to amend the constitution through a convention? There are three different proposals regarding constitutional conventions Balanced Budget Amendment Convention of States WolfPAC

Balanced Budget Amendment (BBA) Constitutionally requires Congress to annually balance the budget Damage the economy Risks job loss Cut programs that help seniors, children, veterans and disabled U.S. unable to respond to disasters and emergency situations Require 3/5 vote to raise debt ceiling Tried to pass in Congress as recently as April 2018

BBA in the States 28 of the needed 34 states have passed resolutions Effort led by the American Legislative Exchange Council (ALEC), the TEA party, and Americans for Prosperity Rescission efforts underway and some success in last few years 2016- DE 2017-NV, MD, NM

Convention of States (COS) Call for a convention that would “limit the power and jurisdiction of the federal government, impose fiscal restraints, and place term limits on federal officials.” Endorsed by Senator Rand Paul, Sean Hannity, Sarah Palin, the Citizens for Self Governance and the Texas Public Policy Foundation Also working to pass legislation about delegate selection Passed in 12 of the necessary 34 states Source: conventionofstates.com

WolfPAC “Wolf-PAC has one goal: to get an amendment to the U.S. Constitution that will reverse the damage that has been done by the U.S. Supreme Court around campaign finance reform.” Passed resolutions in CA, IL, NJ, RI, and VT Active 2018 resolutions in 29 states

Let’s take a quick poll… Did you know this effort was happening in states around the country Yes!  No 

The Basics: How does the U.S. Constitution get Amended? Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Read Article V: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

What is the League doing to stop a constitutional convention? State based actions Testimony Citizen action Education materials National actions Partnerships Legislative tracking Outreach and Education

What can YOU do in your community? Monitor and track legislation in your state Talk to your neighbors Talk to you legislators Host house parties or forums Build grassroots opposition to this issue Be ready to act!

“ “I certainly would not want a constitutional convention.  Whoa!  Who knows what would come out of it?” Antonin Scalia Former Supreme Court Justice

Questions? Ask a question by “raising your hand” Enter a question into the question box For questions or to talk about this issue more contact Jessica at jjones@lwv.org