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Constitutional Convention
Author: Ed Regan

“I certainly would not want a Constitutional Convention. I mean whoa. Who knows what would come out of that”. Justice Antonin Scalia, April 17, 2014.

America has not had a Constitutional Convention since 1787. The result back then was a blessing. But holding a new convention today could end up being a disaster.

An organization calling itself the Convention of States (COS) has been promoting the idea that the answer to all our nation’s problems can be solved by having 34 states apply to Congress under Article V to convene a Constitutional Convention (Con–Con).

To persuade conservative state legislators into supporting the convention, COS has promised that a convention would be limited to a single issue, such as a balanced budget. Montana has voted NO on a federal Con-Con every session since the mid-1980s. Dark money is being spent all over the United States promoting this bad idea. The only defense against this onslaught of propaganda has been private citizens working with and educating their representatives.

We can expect another attempt to push this through the next session that begins in January 2023. Voters need to be contacting their representatives before the session begins and let them know their views on the Con-Con.

Both sides of the aisle have their pet proposals for making changes to the United States Constitution. Partisan Proposals include such topics as a Balanced Budget Amendment, Public Financing of Elections, Abolish the Electoral College and revisiting the Second Amendment. In each instance, the promoters claim that their proposed convention could be limited to a single issue. Since 1787 all twenty-seven amendments to the constitution have been passed without calling a convention.

Though some of these ideas may have merit, the problem with using the convention method in Article V is that it poses a danger to our existing form of government with all its checks and balances. The Congress in 1787 tried to limit the Philadelphia Convention, however, the delegates ignored those instructions and ended up rewriting the Articles of Confederation giving us a completely new constitution and different structure of government. To gain approval for their new constitution the delegates even changed the ratification requirements from thirteen states to nine. A modern-day convention would have the same power to change everything. Conventions are sovereign bodies representing the people at large, they have power and scope that supersedes established governments. An Article V Convention cannot be limited.

While our nation was blessed to have men of the caliber and character of Washington, Madison and Franklin back in 1787, can we trust putting the fate of our constitution, including the 2nd Amendment, in the hands of today’s politicians and special interests? James Madison, father of the constitution, warned in 1788 that a second convention "would no doubt contain individuals with insidious views seeking to alter the very foundation and fabric of the constitution".

Unfortunately, the convention promoters keep resurfacing at the start of every legislative session. One can only assume they are trying to catch the new people off guard. However, once these Representatives start to hear opposition from their home districts, they usually pay close attention and do what’s right.

Please help defeat the Second Convention Madison warned us about by contacting your Representatives and registering your opposition to any resolution that might come up in the next session that calls for enacting an Article V Convention OR a Conference of States (same meaning, semantic head fake). Representative Julie Dooling and Senator Walt Sales represent Townsend and Broadwater County. You can leave messages for them at the legislative switchboard; 406-444-4800.

In an interview with the Los Angeles Times on January 20, 1982, President Ronald Reagan stated “Well, constitutional conventions are kind of prescribed as a last resort, because then once it’s open, they could take up any number of things”.

Ed Regan

Townsend, MT