Utah Legislature Approves Resolution Calling for State Convention to Change U.S. Constitution

Deseret News Utah ^ | March 5th 2019 | Katie McKellar

[Jacquerie]

SALT LAKE CITY — It's official: Utah's game.

The Utah House of Representatives in a late 42-32 vote Tuesday night gave final approval to a joint resolution calling for a convention to consider amendments to the U.S. Constitution.

The resolution, which does not need approval from Gov. Gary Herbert, adds Utah to the list of states seeking to convene a convention to propose amendments to the U.S. Constitution to address what the resolution's House sponsor, Rep. Merrill Nelson, called a "broken" federal government.

"The checks and balances in our Constitution have been stretched and broken," said Nelson, R-Grantsville. "All three branches are exercising legislative power. The courts are deciding matters of public policy. The executive is issuing executive orders, making law as we speak. And there's no way to challenge it."

In his pitch to his fellow House representatives to vote for the resolution, Nelson pointed out Utah's federal delegation have all said the federal government is "broken, it's dysfunctional, it's not working," due to gridlock in Congress and $22 billion of national debt.

"We need to push back," Nelson said. "How do we push back against the federal government?"

The only way, Nelson said, is invoking Article V of the Constitution, which allows two paths for amendments to the Constitution: through Congress, or through a special convention called by the states.

The state-led method has never been tried before, "perhaps because we've never been desperate as states to contain the federal government so much as we are now."

[Jacquerie]

Number 14. Yaaay!

[I want the USA back]

When bammy ruled by executive order they did nothing.

[lurk]

How will this same mechanism not be used by collectivists to bend the constitution into secular totalitarianism?

[Publius]

14: AL, AK, AR, AZ, FL, GA, IN, LA, MO, ND, OK, TN, TX, UT.

For a Convention of the States dedicated to Georgia’s application language, which would re-balance citizens’ rights versus federal power and state power, the count is 14 down, 20 to go.

For a Convention of the States dedicated to a balanced budget amendment only, the count is 30 down, 4 to go.

[Lurkinanloomin]

That’s my concern.

[kaehurowing]

The danger is the socialists will hijack the convention.

[dp0622]

and $22 billion of national debt..

I wish.

And this convention is needed BADLY.

I just hope they throw something in there about free pizza being an inalienable right :)

Unless it’s Pizza Hut.

[a fool in paradise]

The state that gave us Senator Romney?

[a fool in paradise]

Bad pizza is still pizza

[Publius]

This is one of those rare articles where the journalist actually got all the facts straight.

[Da Coyote]

“
The danger is the socialists will hijack the convention.”

Never ever underestimate the ability of career criminals to do sleazy things.

[dp0622]

LOL

Mom made the greatest home made Sicilian Pizza when I was growing up.

But yeah I guess you’re right.

As long as there’s cheese and sauce it’ll go down :)

[Publius]

This is the usual pedantic boilerplate that I post to these threads which explains how the process works. It's useful for those first being made aware of this option.

***

The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

• The Congressional Method requires the House and Senate to pass an amendment by a two thirds majority.
• The Amendments Convention Method requires the legislatures of two thirds of the states to apply to Congress to call a Convention for Proposing Amendments. Once the two thirds threshold is reached, Congress is required to set a time and place for the convention.

Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.

Disposal:

Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:

• State Legislature Method, or the
• State Ratifying Convention Method.

The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.

Ratification:

Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three fourths of the states vote to ratify, the amendment becomes part of the Constitution.

Forbidden Subjects:

Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.

Explicitly forbidden:

• No amendment may be added to the Constitution concerning slavery or capitation taxes until 1808. We’re well past that deadline.
• No amendment may be added to the Constitution to change the principle of equal representation in the Senate unless every state deprived of that right approves. If California wants five senators, every state must have five senators. To permit violation of this principle, every state would have to ratify the amendment, not just three fourths.

Implicitly forbidden:

• The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution;” therefore, the Constitution of 1787 is locked in place forever. Congress and an Amendments Convention have exactly the same Proposal power; therefore, neither Congress nor an Amendments Convention can start over. Both bodies can only propose amendments.

Reference works:

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters

[Leaning Right]

> How will this same mechanism not be used by collectivists to bend the constitution into secular totalitarianism? <

That’s very possible. But with the huge increase in illegal immigration, this country will become less and less conservative as time goes on.

Why won’t some of these immigrants eventually join the GOP? It’s because today’s Democrats are shameless. They will promise those immigrants the world. Freebies forever.

So the time to roll the dice is now.

[himno hero]

that is the root of the marxist-muslims destruction and seeding of the demise of America..

[Vaquero]

How do we fix this?

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” -
— Thomas Jefferson

That is how

[ProtectOurFreedom]

Nelson said. “How do we push back against the federal government?”

Honestly, how in the world are more amendments going to get fedzilla under control? Most of the federal government completely ignores the Constitution and amendments we already have.

[Jacquerie]

Aside from the clumsy title, I agree. The news is straightforward.

[rktman]

NOT a good idea IMHO(as if that matters!). Especially with the current crew of “conservatives” holding offices across the land.

[central_va]

It’s a danger we will have to face. Get used to it.