The Senate Committee on Federal & State Affairs is poised to consider passage of the COS resolution and move it to the Senate floor.
A hearing on SCR1604 was conducted on February 3 with testimony by COS co-founder Michael Farris, former KS State Director and current lobbyist David Schneider, as well as volunteer Legislative Liaison Ben Terrill.
Opposition testimony was presented by Kansas Campaign for Liberty. Their arguments consistently ignore history. For instance, they claim the Founders produced a remarkable Constitution which should never be amended however they violated their instructions from the Congress. They claim the Constitutional Convention of 1787 was called by the Congress with instructions to consider only amendments to the Articles of Confederation. They claim the Constitution is a product of a "runaway convention." Here are the facts regarding the Philadelphia Convention.
- The state delegations were authorized as agents of their state legislative bodies to "render the federal constitution fully adequate to the exigencies of the Union."
- Congress did not call the Philadelphia Convention. The state legislatures called the time, place and purpose of the convention as recommended by the Annapolis Convention of 1786. The Congress issued a resolution after several states had appointed and instructed their delegates. Congress had no authority to call a meeting of the states.
- The Philadelphia Convention did not ignore the Articles of Confederation and illegally ratify our Constitution. The Articles required unanimous agreement of the state legislatures to ratify any amendment. The Convention submitted an alternative ratification process to both the Congress and the thirteen states. This process allowed ratification of any amendments to the Articles by nine states. This process change was approved by Congress and all thirteen states. Only after this process was approved was the new Constitution ratified by nine and eventually all thirteen states.
The delegates were faithful to their instructions because to allow an unlawful convention would have had dire consequences. The state legislators at the first Article V amendment convention will follow the law for the same reasons.
- The subject of amendments to be considered is determined by the applications of the 34 states required for Congress to call the convention.
- The first line of defense from a runaway convention is the convention rules and leadership. The rules they adopt will prevent amendments proposed outside of the call. The stakes are too high to allow a violation of the subject matter prescribed by the call. The world will be watching for any violation.
- Each amendment would be proposed by a majority of states.
- The ultimate defense is the high bar of three-fourths of the states required to ratify each proposed amendment. It only takes thirteen states to stop any amendment.
Another argument made against the COS resolution is that "Congress will call the convention and set the rules for delegate selection, proportional representation and scope of the proposed amendments." These arguments have no basis in history. The history of multi-state conventions indicate that the calling authority is limited to naming the time, place and purpose of the convention.
The authorities of the state legislatures, Congress and the convention are enumerated in Article V. Those authorities not enumerated, such as the appointment of delegates and to issue instructions to their delegations is incidental to the powers enumerated in Article V.
The arguments made by opponents in Kansas are also made by opponents in other states. Legislators often fail to refute these arguments due to a lack of preparation. Some legislators are more than prepared with the facts and do a great job arguing facts against the myth of a runaway convention and the role of Congress. Convention of States volunteers attempt to help legislators understand the history of our Constitution, the wording of Article V and to be ready with the facts of history and law before floor debates and votes.
