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Fox
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Did
Michigan just trigger 'constitutional convention'? Bid gains steam
By
Barnini Chakraborty
Published
April 02, 2014
WASHINGTON
– Momentum is building behind what would be an unprecedented
effort to amend the U.S. Constitution, through a little-known
provision that gives states rather than Congress the power to
initiate changes.
At
issue is what's known as a "constitutional convention," a
scenario tucked into Article V of the U.S. Constitution. At its core,
Article V provides two ways for amendments to be proposed. The first
– which has been used for all 27 amendment to date – requires
two-thirds of both the House and Senate to approve a resolution,
before sending it to the states for ratification. The Founding
Fathers, though, devised an alternative way which says if two-thirds
of state legislatures demand a meeting, Congress “shall call a
convention for proposing amendments.”
The
idea has gained popularity among constitutional scholars in recent
years -- but got a big boost last week when Michigan lawmakers
endorsed it.
Michigan
matters, because by some counts it was the 34th state to do so. That
makes two-thirds.
In
the wake of the vote, California Republican Rep. Duncan Hunter
pressed House Speaker John Boehner on Tuesday to determine whether
the states just crossed the threshold for this kind of convention.
Like Michigan lawmakers, Hunter's interest in the matter stems from a
desire to push a balanced-budget amendment -- something that could
potentially be done at a constitutional convention.
“Based
on several reports and opinions, Michigan might be the 34th state to
issue such a call and therefore presents the
constitutionally-required number of states to begin the process of
achieving a balanced budget amendment,” Hunter wrote.
“With
the recent decision by Michigan lawmakers, it is important that the
House – and those of us who support a balanced budget amendment --
determine whether the necessary number of states have acted and the
appropriate role of Congress should this be the case."
If
two-thirds of the states indeed have applied, the ball is presumably
in Congress' court to call the convention.
But
Article V is rather vague, and it's ultimately unclear whether 34
states have technically applied. In the past, states like Oregon,
Utah and Arizona have quietly voted to approve the provision in their
legislature.
But
some of the 34 or so have rescinded their requests. Others have
rescinded, and then re-applied.
Alabama
rescinded its request in 1988 but in 2011, lawmakers again applied
for a convention related to an amendment requiring that the federal
budget be balanced. It was a similar story in Florida in 2010.
Louisiana
rescinded in 1990 but lawmakers have tried several times,
unsuccessfully, to reinstate the application since then.
It's
unclear whether the applications still count in these scenarios...
Read
the rest of the article at Fox News
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