Members of the Texas Legislature 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.
At least three Con-Con resolutions have been filed for the 2021 session. One of them, HJR 15, calls for an Article V convention to propose a constitutional amendment to overturn Roe v. Wade, prohibit abortion, euthanasia, and “all other acts that deprive any person of life, from the moment of conception to natural death, without due process of law.” The second, HJR 45, calls for a constitutional amendment limiting the number of U.S. Supreme Court justices to nine. Meanwhile, HJR 95 calls for a congressional term limits amendment.
These resolutions claim they are “limited” to the specific proposed amendments. However, any Con-Con, 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 and 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 any of these Article V convention applications, which risk a runaway convention threatening our individual freedoms, the Texas Legislature 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 15, HJR 45, and HJR 95 and to instead consider nullification as a safer and better constitutional means to limit unconstitutional federal overreach and actions, without risking damage or other undesirable alterations to the Constitution.
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