Members of the Arizona State Legislature are attempting to pass legislation to rescind every live application to Congress calling for a convention to propose amendments, under Article V of the U.S. Constitution, otherwise known as a federal constitutional convention (Con-Con).
Senate Concurrent Resolution 1039 (SCR 1039) is sponsored by eight senators and one representative — three Republicans and six Democrats.
SCR 1039 would rescind Arizona’s applications for a constitutional convention. The resolution declares:
Whereas, legal experts disagree about both the longevity of these petitions and as to whether a convention called for a particular purpose may consider amendments beyond the scope of that purpose; and
Whereas, there appears to be some risk that past petitions could become part of the basis for calling a convention that addresses issues never contemplated by the legislators voting for those petitions….
SCR 1039 is correct. Any Article V convention, no matter how well intentioned, could lead to a runaway convention and 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. As evidence, both a 2016 and 2023 simulated “Convention of States” resulted in amendments massively increasing the federal government and expanding its spending powers.
Additionally, in the last years of his life, the late Justice Antonin Scalia stood opposed to an Article V convention. Asked about it in a 2015 interview, he remarked that “This is not a good century to write a constitution.” Furthermore, what kind of delegates would Arizona send to such a convention? Constitutionalist conservatives or RINO moderates and liberals?
On December 9, 2021, constitutionalist U.S. Representative Thomas Massie (R-Ky.), warning against a Con-Con, tweeted:
Show me a single state where Constitutionalists comprise a majority of the state legislature.
At this point in history, an Article V Convention of the States would be a disaster.
In 1979, then-U.S. Senator Barry Goldwater of Arizona, correctly warned about an Article V convention:
If we hold a constitutional convention, every group in the country — majority, minority, middle-of-the-road, left, right, up, down — is going to get its two bits in and we are going to wind up with a constitution that will be so far different from the one we have lived under for 200 years that I doubt that the Republic could continue.
Additionally, Congressman Andy Biggs has also spoken out against the deceptive efforts for a so-called “Convention of States.”
As Rep. Biggs said to The New American, “I’m a big believer that it isn’t the Constitution that’s the problem, it is the people who ignore the Constitution that usurp power and abuse the constitutional power that they ostensibly have.”
An Article V convention possesses the inherent power to propose any changes to the U.S. Constitution, including drafting and proposing an entirely new “modern” (i.e. socialist) constitution. Instead, the Arizona Legislature should consider Article VI and nullify unconstitutional laws.
Above all, urge your state representative and senator to support SCR 1039, rescind all Article V convention applications, and to consider nullification as a safe and constitutional means to limit government instead.
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