Some conservatives are so distraught about federal deficits, and by the failure of Congress to submit a Balanced Budget Amendment to the states for ratification, that they have fled to easier hunting grounds. They are peddling the notion around the country that, if State Legislatures vote to call a Constitutional Convention, this will confront Congress with the option between calling one or passing a Balanced Budget Amendment, and this will then FORCE Congress to opt for the latter.
Unfortunately, this argument is not true, in theory or in practical politics. Congress does not have this option. Article V of the U.S. Constitution mandates that Congress “shall”” call a Constitutional Convention if 34 states réquest it, and that is the ONLY thing that State Legislatures can force Congress to do.
Even if Congress did have an option, it is unlikely that the current Congress would opt for a Balanced Budget Amendment. The current House Democratic leadership is adamantly opposed to a Balanced Budget Amendment so long as it has any tax-limitation component (which is the only kind of Balanced Budget Amendment conservatives would support), and those men play hard-ball politics.
Rather than passing a Balanced Budget Amendment that would be speedily ratified by the states, they would more likely toss an Amendment to the “”wolves’’ of a Constitutional Convention where a Balanced Budget Amendment would meet an uncertain fate, and so that public reaction could be blamed on the conservatives who forced our country into constitutional confusion.
How would the delegates be elected to a Constitutional Convention? Nobody knows. The most frequently talked about method is the same pattern as Congress, with one delegate from each Congressional districti/”The probable winner in each delegate contest would be the one with the highest hame I.D., and therefore the media would exercise undue influence.
If a Constitutional Convention election takes place, all the special-
interest groups of the right and the left would organize to elect their friends. Those who think that delegates would be elected solely on the Balanced Budget issue just don’’t understand grassroots politics.
The NEA would work for those who support the liberal NEA agenda. Pro-life groups would vote for candidates on the basis of their single issue, abortion, and no one could deny them that right.
Then, when the Constitutional Convention is convened, the factions would bargain with each other. “”You support our amendment and we’ll support yours.’’ Last week, an article in the (BF)Wall Street Journal{end BF) recommended that delegates to a Constitutional Convention be appointed by the nation’s 50 Governors. That’’s just one example of the undemocratic procedures currently
concocted by those who want to plunge us into a Constitutional Convention.
Nobody has the least idea what the rules of a Constitutional Convention would be. As a practical matter, there would be no way to keep the delegates from bargaining with each other to make their own rules and set their own agenda. It is simply not realistic, for example, to think that the pro-lifers could be silenced and prevented from insisting on consideration of their amendments and proposals.
President Reagan, in discussing a proposed Constitutional Convention, said,
“”once it’s open, it could take up any number of things.’’ Senator Barry Goldwater said he was “”totally opposed’’ to a Constitutional Convention because it might run wild and “”we may wind up with a Constitution so far different from
that we have lived under for 200 years that the republic might not be able to
continue.’’
The advocates of a Constitutional Convention try to deny that a runaway
Convention could happen, but they cannot deny the risk of a runaway Convention.
After all, the only precedent is the great Constitutional Convention of 1787,
and it was indeed a runaway Convention.
That convention was called in Philadelphia for the exclusive purpose of
amending the Articles of Confederation. Once the Founding Fathers assembled,
they threw out the old government and wrote an entirely new Constitution, and
even changed the procedure for ratification soO they could get it adopted more
easily. We are glad the Founding Fathers did that, but we don’t want to play
games with our Constitution today .
There is NO public support for a Constitutional Convention. Since Ronald
Reagan became President, only two astates have passed resolutions calling for a her states. have voted down such a
Consfi%utional Convention ghile three o& 3 Fesotution, Snd severa gtates are const ering rescinding.
