🚀 go-pugleaf

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As some of you from the Colo Springs area might know, Rep. Charles Duke
writes a weekly column that appears in the Woodmen edition. For the benefit
of Colo. Citizens around the state who might be interested in the topics of
state's rights, the 10th amendment and the continuing encroachment of the 
Federal government in our lives, I'll be posting these weekly columns here.
Those interested in contacting Rep. Duke directly may do so at:
cduke@csn.org

Rgds, 
Publius
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                                                 December 26, 1994
                                                 DUKE
                                                 (719) 481-9289
                                                
                               By Charles R. Duke
                       State Representative - District 20
                     Republican Nominee - Senate District 9      
                                                           
              America is today closer to the brink of a constitutional 
         crisis than we have ever been.  Our Constitution specifies that 
         a Constitutional Convention may be called by Congress upon the 
         request of 34 states.  To date, 32 states (Alabama, Alaska, 
         Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, 
         Indiana, Iowa, Kansas, Louisiana, Maryland, Mississippi, 
         Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North 
         Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South 
         Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and 
         Wyoming) have passed resolutions calling for a Constitutional 
         Convention, ostensibly for the purpose of a balanced budget 
         amendment, although there is some debate about whether all 32 
         requests concerned a balanced budget. 
              There are 3 states that have passed so-called Recision 
         Resolutions, or resolutions that essentially withdraw that 
         state's request.  Those who promote the idea of a convention 
         insist there is no provision for a recision of a request in the 
         Constitution and, therefore, a request stands once made. 
              At the recent American Legislative Exchange Council Legislator
         Orientation Conference, the National Director for the National 
         Taxpayers Union made an impassioned plea for legislators to call 
         for a convention for the purpose of a balanced budget amendment.  
         This conference was for newly-elected legislators to state 
         legislatures.  Undoubtedly, some were favorably influenced. 
              Our Constitution provides two ways for its modification.  
         The first step is for a convention to be called by Congress at 
         the request of at least 34 states, wherein amendments may be 
         drafted.  The amendment(s) may then be submitted to the states 
         for ratification.  
              Many probably believe it is the state legislatures which 
         will ratify or not proposed amendments.  Our Constitution, 
         however, provides that a ratifying convention may be called in a 
         state for the purposes of ratification.  The Constitution does 
         not specify how delegates to such ratifying conventions might be 
         selected.  Presumably, the Congress or the Constitutional 
         Convention itself would define the procedures for selecting 
         delegates.  At this point in our nation's history, neither of 
         these bodies could really be trusted to hold to the principles 
         of our present Constitution.  
              The second method by which an amendment may be proposed is 
         for the Congress to draft said amendment and put it forth to the 
         states for ratification.  Again, either the state legislatures 
         or ratifying conventions would ratify the proposed amendment.  
         Thirty-eight states would need to ratify under this approach for 
         the amendment to become part of our Constitution.  This is the 
         method being used by the Congress for the balanced budget 
         amendment called for in the Contract with America. 
              This method is the preferred method by far.  Any amendment 
         would be subjected to the congressional process first.  Although 
         this is worrisome, it should allow plenty of time for scrutiny.  
         The relatively slow process for ratification will also allow 
         proper time for debate in the states about its effects. 
              The downside of this second method is that it could be used 
         as fuel to the fire under the call for a Constitutional 
         Convention.  If, for whatever reason, the states do not adopt 
         the proposed amendment within two years, the drumbeat will be 
         louder for a full-blown convention to be called. 
              Those who want a full convention are being incredibly 
         short-sighted in their demand.  They incorrectly contend a 
         convention could be held to the single subject of balancing the 
         budget.  The budget transcends the entirety of government and so 
         virtually any phase of government could be affected by such a 
         convention.  We may be assured that the output of a convention 
         would only barely resemble our present Constitution. 
              At the state level we must be prepared to fight for and 
         defend Colorado's right to control its own destiny.  Colorado's 
         request for a convention occurred way back in 1978.  A Recision 
         Resolution will be introduced during the 1995 session, although 
         once again it could be interpreted as having no effect. 
              We must also be wary and suspicious of any attempt by 
         Congress to select delegates to a ratifying convention.  Surely 
         it is obvious that delegates with a predisposed opinion are the 
         only ones that would be considered as a delegate. 
              A Constitutional Convention would be the surest death blow 
         we could deliver to our present Constitution.  We in the state 
         legislature must insist, in the strongest possible terms, in the 
         right of Colorado's citizens to participate in and influence 
         decisions affecting these matters.  Anything less would be an 
         abdication of your unalienable rights. 
                                        End