Slice of Life: What the heck is a convention of states?

As I write this, our State Legislature is meeting in Helena, holding committee hearings and meetings regarding what the people of Montana are asking their representatives to move forward in the form of bills during the legislative session. I have always been fascinated with the political system we have in America. I was further intrigued when our daughter was introduced on the House floor in Oregon by Senator Gary George, to read a speech into the House record.

While the political process is not foreign to me, I’ve become a bit confused about the Convention of States. What is it? Why would we want it? I hear pros and cons about it. What would be the purpose of convening a Convention of States? Since one of the committees working in the legislature this session is deciding whether Montana should move forward to file the resolution for a Convention of States, I decided to do a bit of research.

First, let’s look to the Constitution of the United States of America to see where the Convention of States originated. Our wise founding fathers realized there may come a time in America that the states, or the people, may want to move a constitutional amendment forward that Congress is not interested in supporting. Article Five lays out the pathway for this to happen. Amendments can be proposed in one of two ways: by Congress or with a Convention of States.

To call a Convention of States, two-thirds of the states must participate, per the constitution. That equals 34 states. These states then meet, proposing amendments to the constitution. Currently there is a move for a Convention of States to be called. The 19 states who have already filed their resolutions propose the following three topics be addressed:

Impose fiscal restraints on the federal government.

Limit the power and jurisdiction of the federal government.

Limit the terms of office for its officials and members of Congress.

The way this process is outlined in Article Five of the Constitution, if 34 states were to meet, the state representatives, chosen just for this purpose based on the guidelines of each state’s constitution, would then refine the proposed amendment(s) to be added to the United States Constitution. Each state would have one vote at the Convention to accept the amendment(s) or decline.

Once an amendment is crafted and accepted by a majority of the states participating in the Convention of States, the amendment would then travel back to the states. Three quarters of the state legislatures in the union, currently 38 states, must ratify the amendment. Once that process is completed, the amendment becomes law as part of the Constitution of the United States.

Since 1787 when the Constitution was signed, 236 years ago, only 27 amendments have been ratified to the constitution. None have come through a Convention of States. All have been through congressional amendments. It will be interesting to see how Montana’s legislators move forward. Now is the time to contact your elected representatives to voice your opinion.

One thing I have learned is that terminology is important when discussing this topic. Some people use the term State Convention, which can only refer to the gathering of states to discuss business such as interstate commerce. Another term mentioned is a Constitutional Convention. Oddly enough this term is not in the Constitution but often is used to refer to the first gathering of representatives who wrote the Constitution, or utilized incorrectly to refer to the Convention of States.

Is it time to call for a Convention of States? Senator Rand Paul states, “[he] supports the Convention of States Project to restore the original constitutional limits on federal power by calling a limited convention to propose amendments to rein in our out-of-control federal government.”

Florida Governor Ron DeSantis believes “the permanent bureaucracy will never give up an ounce of its power… I [he] encourages all other state legislatures to support the Convention of States project and pass the resolution today.”

Perhaps it is time for the people to utilize the tool provided by our founding fathers to raise our voice and be heard. What exquisite foresight our founding fathers had when writing the constitution. As we all live under the mountainous debt increased daily by our politicians, as we struggle to wade through the quagmire of administrative rules, as we wonder what we are leaving for those who come behind us and feel powerless to make change, possibly we aren’t as powerless as we thought. Maybe it is time to return authority, and send the power back, to the states as written in the Constitution. Perhaps it is time to place restraints on elected officials.

While the process of the Convention of States is much more detailed than I can explain in 900 words, there are resources that can provide more information. You can watch a simulated video of a Convention of States at http://www.conventionofstates.com/cossim. Or email Sanders County resident Peggy Bates, who teaches classes on the Convention of States and answered so many questions for me at [email protected]. Or email me at [email protected] and I’d be happy to help you get the answers you are looking for.

We are certainly living in interesting times, and I can’t think of a better time to get more acquainted with the Constitution than now.

Chelle is a recovering social worker who currently works as a licensed massage therapist at Cherry Creek Myotherapy. She moved to Montana with her husband David and two pups, Lucas and Turner, where they seek “the quiet life” amid new adventures.