A resolution calling for a constitutional convention of states may get a vote in the N.C. House after it passed a Wednesday committee vote .
Senate Joint Resolution 36 is sponsored by several Republicans and aims to call a constitutional convention under the powers given to state legislatures in Article V of the U.S. Constitution. The Senate has approved the resolution.
The resolution passed 8-4 in a Judiciary IV committee meeting. Republicans supported the resolution as a potential means to rein in federal power. Democrats voiced concern for the mechanics and consequences of calling a convention.
The resolution was championed by the Convention of States Project, a national grass-roots organization that claims the endorsement of the late U.S. Supreme Court Justice Antonin Scalia. Georgetown University School of Law professor Randy Barnett is the project’s legal adviser. Volunteers created a buzz Tuesday when a llama was brought to the legislative complex to promote awareness of the resolution.
Former U.S. Sen. Jim DeMint, R-S.C., also met with legislative Republicans to promote the convention proposal. He said 12 other states have passed similar resolutions.
One of the resolution’s House sponsors, Rep. Bert Jones, R-Rockingham, explained that a convention of states could give states more leverage over federal spending.
“It’s very obvious that Washington won’t fix the problem, because Washington is the problem,” Jones said.
Rep. Dennis Riddell, R-Alamance, put it more bluntly.
“Our child, the federal government, has a drug addiction,” Riddell said. “It’s badly addicted to deficit spending. We need an intervention.”
In the resolution, the convention is described as a means to perform “the solemn duty of the states to protect freedom and opportunity for our citizens, including the generations to come.” Supporters of the resolution told legislators that an Article V convention of states could recommend amendments requiring a balanced federal budget and term limits for members of Congress.
Rep. Chaz Beasley, D-Mecklenburg, expressed concern that no state or federal law clearly defines who should be appointed to represent states.
Rep. Terry Garrison, D-Vance, a former county commissioner, said it was inappropriate for leaders at one level of government to set priorities for leaders of another. He pointed out that North Carolina has no term limits for legislators.
“The power rests with the people, so it’s incumbent on the people to elect persons to office who will help to keep those priorities in order,” Garrison said.
Rep. Bobbie Richardson, D-Franklin, mentioned that African-Americans historically benefited from the power of the federal government, referencing the 13th, 14th, and 15th amendments, which gave all U.S. citizens — including freed slaves — full protections under federal and state constitutions.
Riddell responded with the assurance that none of the resolution’s sponsors wished to legalize slavery again. Richardson said she didn’t need a response.
Riddell cautioned that 34 states in addition to North Carolina would have to pass a resolution to call a convention, and 38 states would need to ratify any amendments resulting from the convention for them to become law.
“We need to think generationally,” Riddell said. “This is a tool that the founders have given us. I would feel I would be guilty of legislative malpractice if I did not use every tool at my disposal so that my children and grandchildren can have a non-involuntary servitude future.”
A member of the Convention of States Project told legislators that he was concerned the electoral system had broken down because incumbent members of Congress are constantly re-elected and not held accountable. Gary Kanady, a retired Navy captain, said an Article V convention was the solution.
“We’re on the wrong course, and we need to do something differently,” Kanady said. “Nothing is without risk. I drove nuclear submarines around for 20 years, and I understand what risk is all about, but the benefits outweigh the risk.”