Members of the Illinois General Assembly are seeking to pass resolutions applying to Congress to call a convention to propose amendments, under Article V of the Constitution, otherwise known as a constitutional convention (Con-Con), in the 2021 legislative session.
House Joint Resolution 19 (HJR 19), currently the only Con-Con resolution introduced for the 2021 legislative session, follows the wording of Mark Meckler’s Convention of States Project, or COS Project, application, urging Congress to call a convention to propose amendments “that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.” The resolution has 35 co-sponsors.
Despite the resolution’s language seeking a “limited” convention, any convention, no matter how well intentioned, could lead to a runaway convention that would reverse many of the Constitution’s limitations on government power and interference. In other words, a Con-Con could accomplish the same goals that many of its advocates claim to be fighting against.
The late Supreme Court Justice Antonin Scalia understood the danger of a constitutional convention. While he voiced support for one at a 1979 event, the justice had reversed his opinion by 2014 due to the uncertainty of what could come out of it. In 2015, Scalia reiterated his opposition to an Article V convention. In addition to Scalia, George Washington and some of the other Founding Fathers opposed holding a second constitutional convention.
In particular, James Madison noted in a 1788 letter how extremists and special-interest advocates would hijack a potential second constitutional convention cause great damage to the nation in the process:
“If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, … it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partizans [sic] on both sides; it wd. probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric.”
The violent riots observed in multiple American inner cities in mid-2020, along with the increasingly extreme and blatantly Marxist agenda of the Democrat Party, help illustrate what the Left’s reaction would be if a Con-Con is successfully called.
However, a constitutional convention is unnecessary to protect individual liberty and limit the size and scope of government. The massive expansion of government and growing infringements on our liberties is not because of “problems” or “flaws” with the Constitution, but rather due to misinterpretation, wrongful application, or lack of enforcement altogether. If applied faithfully and accurately, in accordance with its original meaning, at least 80% of the federal government’s programs would likely be found unconstitutional.
Rather than passing Article V convention applications, which risk a runaway convention threatening our individual freedoms, the General Assembly should consider Article VI and nullify unconstitutional laws.
Furthermore, state lawmakers should also consider rescinding any and all previously passed Article V convention applications to Congress, regardless of the desired amendment(s). Passing rescission resolutions will help prevent aggregating past Article V convention applications with those from other states to force Congress to call a convention.
Above all, urge your state representative and senator to reject HJR 19 and any other pro-Article V convention resolutions and to instead consider nullification as a safe and constitutional means to limit government.
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