This is an important week for our Convention of States Missouri Team. On Tuesday March 7, Senate Bill 274 will be heard in committee. This bill establishes the process the Missouri Legislature will use to select commissioners to represent Missouri at any Article V convention of states meeting. This is the next step in preparing for the first of many convention of states meetings to be called under Article V of the U.S. Constitution. This bill has passed the Missouri Senate the last two sessions. It’s also passed through the required House Committees the last two years, but unfortunately, we did not receive a vote on the House floor for final passage.
Nineteen states have passed the Convention of States Project’s resolution calling for an Article V meeting to propose amendments to our Constitution. The proposals discussed at an Article V meeting called under our resolution are limited to: limiting the size, scope and jurisdiction of the federal government, discussing term limits for federal officials and restoring fiscal restraints. A supermajority of Americans today agree that the federal government does too much, spends too much and stays in DC too long. Our resolution addresses the core causes of federal overreach and can put the federal government back in its constitutional box.
We hear all sorts of objections from individuals who oppose The Framers’ solution to rein in a runaway government. And yet, they make one major error – that we’re not thinking ahead and continuing to prepare for the first of many Article V convention of states meetings. SB274 addresses how Missouri will select commissioners and their general qualifications. This is not a new process. We’ve followed the tradition and precedent set by dozens of previous interstate conventions. We’ve simply adapted the process based upon discussions with legislators, constitutional scholars and the Convention of States Project legal staff.
The Framers didn’t specify in the Constitution how a convention of states meeting would specifically work. Rather, they already understood this, as there were dozens of interstate conventions conducted prior to 1787 – and there’ve been several since then. All operated under the same processes and none of them acted beyond the scope of their authority. An Article V convention of states meeting would operate in the same manner.
Professor Robert G. Natelson, the foremost scholar on Article V, describes how a convention of states will work. He cites this example from the Washington Peace Conference called in 1861 as an attempt to avoid the Civil War:
“The assembly followed to the letter the convention rules established during the 18th century—the same rules relied on by the Constitution’s Framers when they provided for a Convention for Proposing Amendments. Specifically:
• The convention call fixed the place, time, and topic, but did not try to dictate other matters, such as selection of commissioners (delegates) or convention rules. • At the convention, voting was by state. One vote was, apparently inadvertently, taken per capita, but that was quickly corrected.
• The committee from each state was selected in the manner that state’s legislature directed.
• The conclave adopted its own rules and selected its own officers. Former President John Tyler served as president.
• The commissioners stayed on topic. One commissioner made a motion that was arguably off topic (changing the President’s term of office), but that was voted down without debate.In any political procedure, there are always uncertainties, but in this case they are far fewer than predicted by anti-convention alarmists. And they must be balanced against a certainty: Unless we use the procedure the Founders gave us to rein in a runaway Congress, then Congress will surely continue to run away.”
The committee hearing for SB 274 will begin at 12 p.m. noon on Tuesday, March 7. Please join us by watching the hearing at https://chamber.senate.mo.gov/lounge, as we take part in this next step to the final passage of SB 274.
In liberty,
Brett
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