Constitution

Two Ohio lawmakers have proposed a resolution calling on a convention of states to consider amendments to the U.S. Constitution. Support from 34 states would be required to force a convention.

(Courtesy of National Constitution Center)

COLUMBUS, Ohio -- Two legislators propose that Ohio join in a call for the states to meet and amend the U.S. Constitution to rein in federal authority and spending power.

Republican Rep. Christina Hagan of Stark County and Democratic Rep. Bill Patmon of Cleveland, introduced a resolution calling for a convention of states, as outlined in Article V of the Constitution, that would allow state delegations to meet. Their resolution calls specifically for debate on federal spending, the range of power and jurisdiction of the federal government and limited terms for federal officers.

"The intent of the resolution is to get us moving in the direction of a national convention," Hagan said. That convention would become the "tool for reining in government, or at least starting the conversation."

At the Constitutional Convention in 1787, delegates included language in Article V that gives the states the ability to call a convention to discuss amendments.

But no convention of states has even been called.

Since the Constitution became effective in 1789, all of the nearly 40 amendments submitted to the states were a result of action by Congress.

That may be a result of the states being hesitant to throw the doors open to the amending process, suggests Paul Beck, a political scientist at Ohio State University.

"What they have going against them is the widespread belief in this country on the right and on the left that the constitution that we have now is a pretty good thing," Beck said.

But as the country becomes ever-more polarized politically and rancor grows over the federal government, its power and mounting debt, there has been a movement to try to get a convention of the states.

Four states, most recently Alabama, have approved resolutions calling for the convention. The issue is up for debate in many others. Thirty-four are needed to trigger a convention.

The resolution introduced by Hagan and Patmon mirrors sample language proposed by a project called Convention of States.

That project is an effort backed by Citizens for Self Governance, an organization launched by one of the founders of Tea Party Patriots. It has urged people to get involved and call their legislators and write letters to the editor and opinion pieces in support of a convention.

Author, lawyer and conservative radio host Mark Levin is among the project's supporters. Levin, who worked in the Reagan administration, wrote a book in 2013 calling for 11 amendments he argues are needed to bring the federal government back in line with what the founders intended.

Among those changes are limits on spending and taxation, term limits for Congress, measures to rein in federal bureaucracies and federal authority under the Constitution's commerce clause and limitations on the Supreme Court's judicial review authority.

Hagan said she thinks a convention is the most likely way to force the federal government to address spending and the debt. And she is critical of the growth in power and reach of federal bureaucracies, such as the EPA.

Patmon said his key interest is a balanced budget amendment. And, he wants to take part if there is a convention.

When the Constitution was drafted, there were no people of color "in the room," he said. "One of the things that I want to do as an African American representative is be in the room."

The resolution, just introduced this week, could indeed gain approval of the Republican-dominated General Assembly. It has more than a dozen co-sponsors, all of whom are Republicans.

And while Patmon has bucked his party in the past and voted with Republicans, this is not simply a Republican issue. Indeed, a similar resolution approved last fall drew support from several Democrats in both chambers.

That resolution called for Congress to send a balanced budget amendment to the states, or, if Congress doesn't act, for the states to convene in a convention. It cleared both the House and Senate by wide margins.

Gov. John Kasich has been lobbying other states to pass similar resolutions in pursuit of a balanced budget amendment. Kasich, whose effort is not connected with this legislation, has noted that if it looked like enough states were on board to trigger a convention of states, Congress would likely intervene and propose the balanced budget amendment itself.

Congressional scholars have debated whether a convention's scope can be limited.

Ohio Senate President Keith Faber, who has expressed support for the idea of an Article V convention, has noted that even without limitations, there still would be a check on a runaway convention. Any amendments approved at the convention would still have to be ratified by three-fourths of the states.

Beck said he suspects the most likely amendment would be one requiring a balanced budget, particularly since nearly all states already face similar requirements.

But he notes that if a convention has an open agenda, there's a precedent for big change.

"Our founding fathers are the best example," Beck said. "We always should be reminded that the constitutional convention that we laud in our history books was really called to revise the Articles of Confederation."