Wisconsin Assembly calls for constitutional convention to balance federal budget

Patrick Marley | Milwaukee Journal Sentinel

Show Caption Hide Caption Should Wisconsin join the call for a constitutional convention? The American Constitution Society held a breakfast discussion, "Should Wisconsin Join the Call for a Constitutional Convention?" Sam Munger, Director of Strategic Engagement-State Innovation Exchange, explains how it works.

MADISON - The Wisconsin Assembly joined conservatives in other states Wednesday to call for holding a constitutional convention to require Congress to balance the federal budget.

The measure passed, 54-41, with seven Republicans siding with all Democrats to vote against it. The proposal now goes to the Senate, which like the Assembly is run by Republicans.

Assembly Speaker Robin Vos (R-Rochester) said a convention is necessary to get the federal government's finances in shape.

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"We are drowning in debt," he said. "Congress has failed to act in any meaningful way to curb our growing debt."

Rep. Fred Kessler (D-Milwaukee) argued against the plan, contending a convention could lead to drastic changes to long-established rights to free speech and own guns.

"There is no way to limit what can be brought up in a constitutional convention," Kessler said. "It can repeal the Bill of Rights."

Article V of the U.S. Constitution allows a convention for proposing amendments to be held if two-thirds of the states — 34 — call for one. To take effect, any amendments passed at a convention would have to be approved by three-quarters of the states, or 38.

So far, 27 states have called for a convention, according to the Balanced Budget Amendment Task Force. Some of the calls were made decades ago.

If the Wisconsin Senate approves the proposal, the Badger State would become the 28th state calling for a convention. Six more states would be needed for a convention to be held.

No constitutional convention has been held since the Constitution was framed in 1787. Amendments since then have been proposed by Congress and approved by the states.

Conservatives pushing for the convention are focused on balancing the federal budget. But liberals have also called for constitutional amendments in recent years, such as ones that would broaden voting rights and reverse the Supreme Court’s Citizens United decision that allowed businesses and unions to spend unlimited amounts on elections.

The plan approved by the Assembly on Wednesday — as with ones adopted in other states recently — would limit the purpose of the convention to considering a balanced budget amendment.

But Democrats said there was no legal way to prevent other issues from being taken up at a constitutional convention. Rep. Chris Taylor (D-Madison) noted the 1787 convention was held to amend the Articles of Confederation, but delegates went beyond the scope of what they were called to do and wrote the Constitution.

"This should scare you all," Taylor said of the possibility other issues could be added or taken out of the Constitution.

Rep. Kathy Bernier (R-Lake Hallie) downplayed those concerns, saying the chances were "slim to none" that 38 states would endorse the actions of a "runaway convention."

The measure calling for a convention, Assembly Joint Resolution 21, passed 54-41. Seven Republicans voted against the plan — Reps. Rob Brooks of Saukville, Joel Kitchens of Sturgeon Bay, David Murphy of Greenville, Lee Nerison of Westby, Todd Novak of Dodgeville, Treig Pronschinske of Mondovi and Nancy VanderMeer of Tomah.

Novak said he'd heard from both Democrats and Republicans in his district who opposed the proposal.

"People don't want to mess with the Constitution," he said.

Assembly Joint Resolution 20, passed 61-37 on a mostly party-line vote, would put Wisconsin on record in supporting procedural rules for the convention. The rules were written last year by a bipartisan group called the Assembly of State Legislatures, where Wisconsin state Sen. Chris Kapenga (R-Delafield) serves as co-president.

Assembly Bill 165, approved on a nearly party-line 58-37, would determine who would be sent to a convention. Wisconsin would send seven delegates — three appointed by the speaker of the Assembly, three appointed by the president of the state Senate and one appointed by the governor.

GOP Gov. Scott Walker would need to sign off on that bill for it to take effect, but only the Legislature needs to act on the resolutions related to the constitutional convention. Walker has said holding a constitutional convention to balance the federal budget "makes sense."

Also Wednesday, the Assembly voted 62-34 to approve Senate Bill 15, which would require the Legislature to sign off on state rules that would cost businesses or the public more than $10 million.

It would also give lawmakers the power to indefinitely block the rules, which have the force of law and are used to regulate industries and implement legislation.

The Legislature's nonpartisan legal office issued a memo last month that said the proposal might face constitutional challenges over the ability of lawmakers to unilaterally halt state rules. In 1992, the state Supreme Court found both the Legislature and governor would need to be involved in permanently blocking a rule, the memo noted.

The Senate approved the bill on party lines last month and it now goes to the governor.

On a 62-34 vote, the Assembly approved Assembly Bill 317, which would allow state agencies to more quickly repeal rules when it determines it can no longer enforce them because laws have been changed.

It now goes to the Senate.