Indiana State Rep. Ben Smaltz introduces himself and the Indiana delegation to the Mount Vernon Assembly in the Indiana House Chambers Thursday morning as Indiana Senate President Pro Tem David Long and Rep. Gary Banz of Oklahoma look on. (HPI Photo by Matthew Butler)

By MATTHEW BUTLER

and BRIAN A. HOWEY



INDIANAPOLIS - Legislators from 31 states gathered in the Indiana House Thursday to “build the foundation” for an Article V Constitutional Convention to address issues that Congress is to polarized and paralyzed to address.



The goal is to emerge with the beginnings of a framework after the session ends on Friday, with the states regathering in a Western state next December. The meeting came after the original assembly met at President George Washington’s Mount Vernon estate on Dec. 7, 2013.



“Nothing like this has occurred in over two centuries,” said Indiana Senate President Pro Tempore David Long, R-Fort Wayne, and one of the key movers of the concept. “The Founding Fathers thought it would happen much more. Article V was placed in the Constitution late in 1787. Had this not been placed in the Constitution, the Constitution would not have had enough support in the states to pass. They had intended that a strong group of states was critical for a true balance to be maintained between the federal government and the states.”



Indiana State Rep. Ben Smaltz, R-Fort Wayne, was among those who probably went the furthest in saying there were entrenched interests in Washington, D.C. that did not want their efforts to succeed. "Congress, the Executive Branch, and the Supreme Court don't want us to hold this convention," Smaltz said. "They want things to stay the same." Smaltz asked his colleagues from across the country to back a uniform, general call for a constitutional convention, stressing that all of their activities must be procedural above-board, lest opponents try to derail or delegitimize a convention based on a legal technicality.



"This could be a game-changing moment for American," Long explained, "in the sense that, for me, there is a tsunami of debt that's going to ran down on our kids and grandkids. Right now we're in trouble and Washington seems very broken. If we're going to find a solution it probably needs to be done by the states."



One concern which was quite evident during the morning session was how their efforts would be interpreted politically. Another was that the federal government or Congress might attempt to intervene and someone control the process.



Kansas State Rep. Chris Kapenga said he had heard consternation from both the left and the right, citing two different emails which said George Soros and the Koch Brothers, respectively, were funding the meeting. Kapenga said there was no outside funding sources and that they didn't want any. "This movement is politically pure," he attested. "And we are going to keep it pure." Nonetheless, Kapenga reminded his peers from across the country that it was very important to be careful and deliberate: "This is the Constitution of the United States. We have to be very cautious."



The lone Indiana Democrat, State Sen. Jim Arnold of LaPorte felt this was a low-risk, high-reward exercise: "This is something the Constitution has afforded us; it's never been taken advantage of,” he said. “Let's think outside the box and look at it. If it doesn't work out, no harm, no foul. At least the interest is there."



Whereas Sen. Long alluded to a potential balanced budget amendment as a key motivating factor behind this effort, Democrat Sen. Arnold aired the possibility of eventually clarifying what is political speech and creating constitutional controls for political contribution limits and transparency. But he didn't want to get ahead of the procedural drafting of the current task before the attendees. "We're not taking a position on any amendment now," Sen. Long clarified to the media Thursday. It appears abundantly clear that there will inevitably be competing political agendas once it comes time to consider amendments.



Sen. Long echoed these points as regards funding. "This is bipartisan," said Long. "This is a pure process. We're going to keep this a state-driven, non-owned by any organization effort. It will, in the end, bode well for our effort." However, he did say a website would accept small donations from "ordinary Americans" to help keep the effort afloat.



"This is not a Republican sweep to take over the country," Sen. Arnold asserted, "otherwise I wouldn't be here."



It was noted, however, that there were more Republicans present than Democrats Thursday. One of the attendees counted roughly six in attendance. "There are three Democrats on our Executive Committe," Sen. Long noted. "Each of which, individually could not be here." Both Arnold and Long stated their goal was to have at least two Democrats and two Republicans from each state, representing the leadership of their respective lower and higher legislative chambers. Arnold, for example, hoped California and New York would join the effort as soon as possible.



Asked if he was disappointed only 33 states had legislators designated for the event (two didn’t make the first session due to legislative commitments), Sen. Long answered, "I'm delighted. It's a great start; it really is." He was confident there would be more than thirty-four states in December as the effort becomes more structured and bipartisan.



After the morning opening session, the legislators reconvened for afternoon committee sessions. Three breakout sessions included a Rule and Procedures Committee, Judiciary Committee and Planning, Communications and Finance Committee. Long told HPI prior to the session that the assembly this week will address such issues as how states appoint delegates and how amendments are adopted. Many of the delegates in Indianapolis this week were appointed by House speakers and Senate Pro Tems.



Each of the committees was co-chaired by one Democrat and one Republican. Sen. Arnold co-chaired the Judiciary Committee which Sen. Long also attended.



Following Thursday's business, the acting co-chairs were asked to host their respective committee members to an informal dinner. This bipartisan leadership was considered important for the legitimacy and longevity of the larger constitutional convention effort.



Many legislators Thursday acknowledged they must find a balance between being deliberate but maintaining momentum. "We are going to have other meetings," promised Rep. Matt Huffman, an Ohio Republican. "This is the beginning of a journey."



Indiana Attorney General Greg Zoeller attended the opening session. “This idea is what is the proper role of the states,” Zoeller, a two-term Republican said. “The whole purpose here is dual sovereignty. We’re the only democracy that to do this. It’s meant to check one another. States should provide a role to check the federal government.”



U.S. Rep. Marlin Stutzman, who announced earlier Thursday he would seek the Majority Whip post in the wake of the stunning defeat of Majority Leader Eric Cantor on Tuesday, said he fully supported the Mount Vernon Assembly. Cantor was turned out of office by voters in his Virginia district in part because Congress has been paralyzed to address the needs and financial security of the nation.



“It’s a mess in Washington and I applaud the assembly,” Stutzman told HPI. “And it’s not just Congress. It’s Washington. It’s the executive and legislative branches. People elected divided government. They didn’t like what happened in 2008 with the Democrats and they didn’t like what the Republicans did before. They don’t know which party to trust.”