South Carolina Senate Passes Resolution Calling for Federal Constitutional Convention
Written by John Perna
Friday, 01 February 2008 20:43
Back room politics prevailed over principle as the South Carolina Senate passed S. 856 calling for a Federal Constitutional Convention (Con-Con) to address problems associated with illegal immigration.
A disturbing aspect of this is the fact that, in personal conversations with many of our South Carolina senators, there was widespread acknowledgement of the dangers of calling for a Con-Con. We were repeatedly told that the purpose of S. 856 was "to get the attention of the federal government." This is like getting the attention of the fox by threatening to give him the hen house.
We were also told that we would be protected from any "run away convention" by restrictive language in S. 856 that attempts to limit the SC Con-Con call to addressing the single issue of illegal immigration. In reality, there is no authority greater than that of a Constitutional Convention, and therefore there is no way to limit it. Relying on the need for Con-Con calls in other states and final ratification by 3/4th of the states is simply "passing the buck" to others.
The fact that S. 856 was authored by Senator Glenn McConnell seems to have played a major role in getting it passed. Senator McConnell is the President Pro Tempore of the Senate, with the power to make committee appointments. Apparently, from this power there is a fear of being seen as "bucking McConnell".
It seems that senators voted for their own self interests instead of the interests of the nation or of South Carolina. South Carolina voters should be wondering if they actually do have representation. Nevertheless, we should heartily congratulate the seven senators with the courage to vote against this bill: Bryant, Fair, Ford, Jackson, Matthews, Peeler and Ryberg. This same problem of having a kingpin like McConnell in the Senate exists in the House, where Representative Robert W. Harrell, who is the Speaker of the House often exerts a similar influence.
S. 856, calling for a Constitutional Convention, was reported out of the Senate Judiciary Committee on Jan. 15, 2008. South Carolina rescinded a previous call for a Constitutional Convention for very good reasons.
A Constitutional Convention is a legislative body that operates above the limitations of the Constitution, for the single purpose of changing the Constitution. This makes a Constitutional Convention more powerful, and more dangerous, than any other legislative body. This is not an opinion, but it is a fact of law.
A Constitutional Convention is a means of destroying the American Republic. A Constitutional Convention is opening a "Pandora's box" for radical change. Once the "genie is out of the bottle" no one can control it.
The last time that we had a Constitutional Convention was in 1787, when we got the Constitution that we now have.That Constitutional Convention was to make some small changes in the Articles of Confederation. Instead we got a new Constitution.
We were lucky that time. Those who were at that Constitutional Convention were the leaders of a freedom movement; which had just defeated a tyranny.
Our current problem has nothing to do with the Constitution. Our problem has to do with the ignoring of the Constitution. Those who ignore the Constitution would like nothing better than to make their usurpation legal, by destroying the Constitution at a Constitutional Convention.
There already exists the ability to pass many state laws to protect the people of South Carolina from illegal immigration. Most of these laws do not require any assault on the Constitution. Laws of this sort have already been passed in Georgia and Oklahoma. Illegal immigrants are leaving those states as a result. Laws that are similar to those in Georgia and Oklahoma are being considered in many other states.
If a small change in the constitution were truly needed, then the appropriate way to make that change would be by an amendment to the Constitution. An amendment to the Constitution (even as dramatic as that is) does not put the entire constitution on the chopping block.
Not withstanding the fact that no Constitutional change is needed to enforce existing laws, or to pass many new laws, the fact remains that it would have been very easy to convert S. 856 (calling for a Constitutional Convention) into a call for a amendment to the constitution. Unfortunately, the majority of our members in the South Carolina senate were not willing to risk offending their President Pro Tempore.
On a positive note: It was just over two years ago that the South Carolina legislature, with the prodding of a handful of citizens, found the wisdom to rescind all its outstanding calls for Con-Cons. Some of these calls dated back decades. Citizen involvement can get the job done. Call today. If your representative is interested in passing a resolution to send to Congress let them know we have a much better one.
--- If you would like to help or keep track of our efforts on this issue, sign-up for the South Carolina - JBS.org Freedom Campaign Meetup Group we are just in the process of launching for our state.