Texas state Sen. Brian Birdwell, a Republican, debates a call for a "convention of states" to amend the U.S. Constitution. Although many amendment topics have been proposed, the most popular one would require the federal government to balance its budget.
© Eric Gay / The Associated Press
This story was updated 8/7 to correct the designation of Common Cause. It is a good government group.
Next month delegations of state lawmakers will travel to Phoenix, Arizona, to attend what organizers say will be the first formal convention of states since the Civil War. Theyll gather at the capitol, inside the turquoise-carpeted House chamber, and draw up rules for a hoped-for future meeting: a convention to draft an amendment to the U.S. Constitution.
No amendment convention has taken place since the Constitution was written over 200 years ago. But the idea is gaining steam now, stoked by groups on the left and right that say amendments drafted and ratified by states are the last, best hope for fixing the nations broken political system and dysfunctional some even say tyrannical federal government.
We have a Congress in the United States made up of two bodies House and Senate that are incapable of restricting their own power, said Texas state Sen. Brian Birdwell, a Republican. With the conventions, he said, states are stepping in to clean up the mess.
The current push for a convention began in the early years of the Obama administration, mostly driven by Republican lawmakers. Ohio Gov. John Kasich and Texas Gov. Greg Abbott are big supporters. So are former presidential candidates Sen. Ted Cruz and Sen. Marco Rubio. Although many amendment topics have been proposed, the most popular would require the federal government to balance its budget.
Twenty-seven states have passed resolutions in favor of a balanced budget amendment since the 1970s, observers say. The Balanced Budget Amendment Task Force, the main group currently pushing the idea, says it could get to 34 states before the next presidential election.
But to get the two-thirds of states required to force Congress to call a convention, the task force and its supporters will need to win over skeptical lawmakers and beat back opposing groups that say a convention called to discuss a single issue could end up rewriting crucial parts of the Constitution or scrapping the nations founding document altogether.
The two sides dont even use the same words to discuss what theyre fighting over. Those in favor talk about an amendment convention, implying that only one amendment will be discussed. Those opposed say Constitutional convention, suggesting that the whole text could be rewritten.
The Arizona planning event, championed by Republicans and the Balanced Budget Amendment Task Force, will focus on the balanced budget proposal thats closest to triggering a convention.
Arizona state Rep. Kelly Townsend, a Republican who heads the committee organizing the event, said she hopes it will reassure people that delegates to a convention wont do anything crazy. There will not be a quote-unquote runaway convention, she said. Thats not going to happen. The Convention Cure
David Guldenschuh will be heading to the Arizona meeting this fall as a member of the delegation from Georgia. Hes affiliated with the Heartland Institute, a right-wing think tank, and he advises multiple groups calling for a convention of states.
People are really tired of Washington and dont believe that our government is accomplishing anything, he said. Borrowing an applause line from President Donald Trump, Guldenschuh called the frustration hes seeing the drain the swamp concept.
Although the 2016 election delivered the U.S. House, Senate and presidency into Republican hands, one-party control hasnt broken the gridlock. Many conservatives are particularly incensed by Congress repeated, failed votes to repeal Obamacare.
The mechanism the founders gave for fixing Washington is Article 5, Guldenschuh said.
Article 5 of the Constitution says Congress shall call a Convention for proposing Amendments when two-thirds of states ask it to do so. Proposed amendments would have to be ratified by three-quarters of state legislatures, just like amendments proposed by Congress.
Article 5 doesnt say how delegates would be selected or what theyd be legally empowered to discuss. But supporters say its possible to infer what the founders meant by looking at their other writings and the political norms of 18th century America. According to Guldenschuhs Heartland Institute colleague, Rob Natelson, early conventions of states discussed a single topic that state legislatures defined ahead of time.
Most recent state resolutions calling for an amendment convention are inspired by four national advocacy campaigns. The resolutions call for an amendment on a particular topic but dont endorse any specific amendment language.
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