Legislators Talk Constitutional Convention Of States

Members of the state House and Senate State Agencies and Governmental Affairs Committees heard testimony Wednesday regarding a movement to amend the U.S. Constitution through a method never before used in the nation’s history.

Michael Farris, chancellor of Patrick Henry College and head of the Convention of States Project, testified about the movement that seeks amendments to impose fiscal restraints on the federal government, limit its powers and jurisdiction, and impose term limits on members of Congress and Supreme Court justices.

The Constitution has been amended 27 times but never using a state’s-led process under Article V.

At least two-thirds of state legislatures, or 34 states, must call for the convention and select delegates. At the convention, those delegates would decide by majority vote what form potential amendments would take, with each state having one vote. Then three-fourths of the legislatures (38) would have to ratify whatever amendments were produced.

Resolutions have been passed in three states – Alaska, Georgia and Florida – and supporters are targeting about 20 states in 2015, including Arkansas.

Rep. Bob Ballinger, R-Hindsville, said after the hearing that he would be willing to introduce the resolution if there is enough support.

In the meeting and in an earlier presentation to a group of home-schooling supporters, Farris said the government must change its structure, not just its polices and elected officials. Too many decisions are being made by unelected bureaucrats, he said.

He told the home-schooling group that the Constitution’s “general welfare” and “commerce” clauses had been interpreted broadly, therefore expanding the government’s power. He suggested to the home-schooling group that the general welfare clause be amended to say, “If the states can spend money on it, the federal government can’t.”

He told legislators that convention delegates would have to stick to the purpose of the call and could not branch out into other subjects. One reason why is, “We’re really dealing in international law here … because it’s a meeting of sovereign states, and there are recognized principles of international law that govern, and there are no valid exceptions in international law or in American law.”

Rep. John Walker, D-Little Rock, sharply questioned Farris, saying that “states’ rights” arguments had been used in the past to support slavery, racial segregation, and gender inequality.

Farris said the convention’s purpose would not involve changing the constitutional safeguards for equality. Legislatures could instruct delegates not to endanger civil rights, he said.

Some conservatives have expressed concerns about a “runaway convention” where delegates make radical changes to the Constitution. Farris said that would be highly unlikely because any changes they create would require passage by a three-fourths majority of state legislatures.

“You can’t get crazy right-wing stuff out. You can’t get crazy left-wing stuff done. You’re going to have to be some place where the vast majority of Americans are in agreement,” he told home-schoolers.

Farris said the group is attempting to build a national grass-roots effort. Mark Alspaugh of Hot Springs Village, the state chairman, introduced Farris before his testimony before the legislators.