Ohio legislature rolls the dice with your freedom

A Convention of States could result in catastrophic changes to our Constitution.

A Convention of States—also called a Constitutional Convention—could result in catastrophic changes to our Constitution. And our freedom

Yet seven republican state legislators from Ohio have introduced six bills and resolutions calling for such a convention “under Article V of the U.S. Constitution.”

These legislators must be educated and this movement must be stopped.

Senate Joint Resolution (SJR) 6, introduced by Sens. Theresa Gavarone (R-2) and Jane Timken (R-29), calls for a "limited national convention" under Article V to propose a constitutional amendment to impose term limits on U.S. senators and congressmen. “Limited,” in the bill, suggests that Ohio’s delegates to a convention would be restricted to acting only on the term limit proposal.

However, under Article V, there is no such thing as a "limited" national convention.

It is imaginary.

Once such a convention is convened, the delegates make the rules. There is nothing in the Constitution that would compel delegates to consider "only" a term limit amendment as suggested by SJR 6 and other legislation.

It is naive and dangerous.

As the late Supreme Court Justice Antonin Scalia put it, "I certainly would not want a Constitutional Convention. I mean, whoa. Who knows what would come out of that?"

Later, Scalia reaffirmed, “A constitutional convention is a horrible idea.”

Article V

I’m not sure how these legislators conjured the “limited convention” idea.

Following is the totality of Article V. One needn’t be a Constitutional scholar to understand it.

“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

That’s it.

There is no language that addresses what the delegates can or cannot discuss once convened. There is no language that addresses a "limited convention."

It doesn't exist.

Never done before

As defined above, Article V provides two ways in which the Constitution can be amended. To date, all 27 Constitutional amendments have been proposed using the first method—by a two-thirds vote of both Houses of Congress.

The second way is for the legislatures of two-thirds of the states to apply to Congress to call a convention for the purpose of “proposing amendments.” That method has never been used since the Constitution was adopted 237 years ago.

There is a good reason why it hasn’t.

A "runaway" convention—where delegates begin to propose their own amendments—could radically alter the Constitution. Article V offers no limitation as to what amendments may be proposed at the convention. Former Chief Justice Warren Burger is among the many Constitutional scholars who have been clear on that.

“After a convention is convened,” Burger wrote, “it will be too late to stop the convention if we don’t like its agenda.”

Berger, Scalia and many other constitutional scholars have opined that once a convention is convened, the delegates are not obliged to comply with any limitations or instructions. The delegates would make the rules and the convention would become a free for all.

That’s exactly what happened in Philadelphia in 1787 when a convention was convened to tweak the Articles of Confederation. We ended up with a brand new Constitution.

And who would appoint the delegates to the convention?

Grassroots conservative citizens?

Or establishment politicians like Gov. Mike DeWine? Would you trust DeWine’s appointees to represent you at a convention where the U.S. Constitution could be altered?

Naively, proponents of a Convention of States suggest that a state’s delegate to the convention can be removed by the state if he or she “goes rogue” and doesn’t follow instructions given by the state. However, 49 other state delegations will be a part of the convention. Ohio’s delegation can go home in protest of an undesirable amendment, and the train can derail without them.

Nobody can say whether a Convention of States would backfire and eliminate the protection of our God given freedom. But we can say that it could backfire.

That’s not a gamble that I’m comfortable with.

The legislation

Here are the Convention of States bills and resolutions currently before the Ohio legislature. I encourage you to download and read these bills and resolutions and contact the sponsors, your senator and representative, and the committee chairmen to express your views about a Convention of States.

SJR-3: Apply to Congress: Constitutional Convention for certain purposes

Sen. Michele Reynolds (R-3), 614-466-8064, reynolds@ohiosenate.gov

Sen. George Lang (R-4), 614-466-8072, lang@ohiosenate.gov

Assigned to General Government Committee chaired by Sen. Kristina Roegner (R-27), 614-466-4823, roegner@ohiosenate.gov

Application to the Congress of the United States for a Convention of the States under Article V of the Constitution of the United States that is limited to proposing 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 members of Congress.

SJR-6: Apply for Convention of the States re: term limits

Sen. Theresa Gavarone (R-2), 614-466-8060, gavarone@ohiosenate.gov

Sen. Jane Timken (R-29), 614-466-0626, timken@ohiosenate.gov

Assigned to Senate Government Oversight and Reform Committee chaired by Sen. Susan Manchester (R-12), 614-466-7584, manchester@ohiosenate.gov

Applying to the Congress of the United States for a limited national convention for the exclusive purpose of proposing an amendment to the Constitution of the United States to establish term limits for members of Congress.

HJR-2: Applies to Congress for a Convention of the States

Rep. Riordan McClain (R-87), 614-644-6265, Rep87@ohiohouse.gov

Rep. Bernard Willis (R-74), 614-466-2038, Rep74@ohiohouse.gov

Assigned to House Government Oversight Committee, chaired by Rep. Thomas Hall (R-46), 614-644-5094, Rep46@ohiohouse.gov

Application to the Congress of the United States for a Convention of the States under Article V of the Constitution of the United States that is limited to proposing 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 members of Congress.

HJR-3: Apply for Convention of the States re: term limits

Rep. Heidi Workman (R-72), 614-466-2004, rep72@ohiohouse.gov

Nine co-sponsors

Assigned to House Government Oversight Committee, chaired by Rep. Thomas Hall (R-46), 614-644-5094, Rep46@ohiohouse.gov

Applying to the Congress of the United States for a limited national convention for the exclusive purpose of proposing an amendment to the Constitution of the United States to establish term limits for members of Congress.

HB-67:

Rep. Riordan McClain (R-87), 614-644-6265, Rep87@ohiohouse.gov

Rep. Bernard Willis (R-74), 614-466-2038, Rep74@ohiohouse.gov

Five co-sponsors

Assigned to House Government Oversight Committee, chaired by Rep. Thomas Hall (R-46), 614-644-5094, Rep46@ohiohouse.gov

To establish procedures for appointing delegates to a convention of the states under Article V of the United States Constitution.

SB-112:

Sen. Michele Reynolds (R-3), 614-466-8064, reynolds@ohiosenate.gov

Sen. George Lang (R-4), 614-466-8072, lang@senate.ohio.gov

Assigned to General Government Committee chaired by Sen. Kristina Roegner (R-27), 614-466-4823, roegner@ohiosenate.gov

To establish procedures for appointing delegates to a convention of the states under Article V of the United States Constitution.