'Constitutional convention' is attack on Constutution
Dear Editor,
Sen. Halloran of Hastings introduced LR 7, a “call” for a constitutional convention for the purpose of amending the U.S. Constitution. They say it is not a “constitutional convention.” According to Black’s Law Dictionary, a Constitutional Convention is “A duly constituted assembly of Black’s Delegates or representatives of the people of a state or nation for the purpose of framing, revising or amending its constitution.” So, LR 7 IS a constitutional convention.
In a video presentation on March 15, 2014, Robert Kelly General Counsel (attorney) for Convention of States revealed such a call for the Article V convention is a very broad call. Kelly specifically said all sections of the constitution including Article V could be opened. LR 7 is not a limited call even though they claim it is limited to stopping the over-reach of government, ending over-spending and placing term limits on Congress and Supreme Court Justices. Experts say a convention can’t be limited.
What do experts say? Former Chief Justice Warren Burger said “there is no effective way to limit or muzzle the actions of a Constitutional Convention” than the Continental Congress could control the convention in Philadelphia, to put a muzzle on a Constitutional Convention. Once it meets, it will do whatever the majority wants to do. I would not favor it.”
In 2014, Supreme Court Justice Antonin Scalia said, “I certainly would not want a constitutional convention. Whoa! Who knows what would come out of it?” Nov. 2, 1788, Madison said he “trembled” at the prospect of a 2nd convention; “the most violent partizans — individuals of insidious views — would strive to be delegates and would have “a dangerous opportunity of sapping the very foundations of the fabric” of our Country.
Congressional Research Services document (2014) states while the Constitution is silent on the mechanics of an Article V convention, Congress will no doubt establish “procedures to summon a convention” determining the number and selection process for its delegates.” Proponents of LR 7 say Congress is the problem now. If they are the ones calling the shots, what would a convention change?
In 2016, some constitutional scholars maintain “the convention is possessed of sovereign powers and therefore is supreme to all other Government branches or agencies.” (If that is the case, Delegates would not be accountable to the Legislature or anyone else!)
Article 1, Section 8, Clause 18 of the U.S. Constitution, gives Congress the exclusive authority “to make all laws which shall be necessary and proper for carrying into execution” all powers granted to Congress by the Constitution. This includes Congress’ power to call the convention (see Article V). Only Congress has the authority to establish these rules.
Help protect our Constitution by sending your written testimony before 5:00 p.m. 1/31/2019 to Sen. Tom Brewer, chair of the Gov’t, Military & Veteran Affairs Committee at tbrewer@leg.ne.gov saying you oppose LR 7. Ask that your statement be entered as testimony at the hearing! Include your name and address. Don't let our Constitution be opened and subjected to the special interest groups that are trying to divide and destroy our Nation. Thank you!
Kathy Wilmot
Beaver City, Neb.