Tag: Article Five Convention of States

Article Five Convention of States Passes the House and Senate

Editor’s Note: For the latest updates on the final day of the legislative session, be sure to keep checking our live blog.

Update: Saturday, March 12, 2016 at 5:36 p.m.

The West Virginia Senate adopted House Concurrent Resolution 36, after it was adopted by the House of Delegates late Friday night.

Del. Josh Nelson of Boone County attempted to amend the resolution Friday to put it into an interim study, but his amendment failed after hours of debate.

The resolution calls for an Article 5 Convention of States to amend the U.S. Constitution for a singular purpose: to require Congress to balance the federal budget except in times of national emergency.

Original Post:

The House of Delegates considered a resolution Friday that would allow West Virginia to send a number of West Virginia delegates to Washington, D.C. to try and amend the constitution on budget related charges.

House Concurrent Resolution 36, would add West Virginia to a list of states applying for an Article 5 Convention of States to amend the U.S. Constitution.

The convention would focus on amending the federal Constitution to require Congress to balance the nation’s budget each year, except in times of a national emergency.

Republican Josh Nelson of Boone County attempted to amend the resolution Friday, making it an interim study.

Republican Tom Fast of Fayette County spoke against the change.

“If we don’t’ fix this debt, if we don’t fix this uncontrolled spending, uncontrolled spending that’s put forth by Democrats and Republicans in Congress,” Fast said, “If that is not fixed, this country is ruined anyhow. So ladies and gentleman, it is time for action. It has been studied. It has been studied. This is not just a new concept that came along yesterday.”

Democratic Delegate Larry Rowe of Kanawha County spoke in favor of the study.

“There’s no need for a rush,” Rowe explained, “Someone said that this provision has been in the constitution for 229 years, and it’s been dormant, and there’s a good reason that it’s dormant. It’s because people need to study whether we should, as someone said turn the key on Pandora’s Box. This is very dangerous stuff. This is really dangerous stuff when we start tinkering with the constitutional basis of our country.”

Before delegates could move for a vote, however Majority Leader Daryl Cowles of Morgan County moved to have the resolution be placed at the foot of the agenda.

As of 5:00 p.m. Friday evening, Delegates had not yet voted on House Concurrent Resolution 36. However, to monitor the vote you can view it on the West Virginia Legislature’s website.

W.Va. House Considering Legislation to Amend U.S. Constitution

Members of the House Judiciary Committee held a public hearing Saturday for three bills that, if passed, could send a number of West Virginia delegates to Washington, D.C. to try and amend the constitution on budget related charges.

The first, House Concurrent Resolution 36, would add West Virginia to the list of states applying for an Article Five Convention of States to amend the U.S. Constitution. Similar to a resolution approved in the state Senate last year, the convention would focus on amending the federal Constitution to require Congress to balance the nation’s budget each year, except in times of a national emergency.

House Bills 2424 and 4449 were also on the public hearing’s agenda. The bills provide the procedure for picking delegates to represent the state at such a convention and limiting the convention to the balanced budget amendment.

34 states would have to approve similar resolutions in order to actually call the convention of states.

Out of the fourteen speakers Saturday, 9 were against the measure and 5 spoke in favor.

House Judiciary Chairman John Shott says he’s astonished at the country’s level of debt and an Article Five Convention of States could be one option to rein in government spending.

“In concept, I think it makes a lot of sense,” Shott explained, “As with most things, a lot depends on how it’s implemented and what kind of protections you have, because I don’t think anybody would want a wide open runaway type conventions where, for instance, the Bill of Rights could be changed. We’ll consider those issues when it’s put on the agenda in the committee, and determine what, if any action, as a committee, we want to recommend to the full House.”

The Senate’s Judiciary Committee also took up a Convention of State’s bill Saturday. Chairman Shott, however, is unsure how soon his committee will take up the three proposals.

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