MORGANTOWN – The House of Delegates spent just over an hour Friday debating another one of its annual resolutions applying to Congress to call a convention of states to propose amendments to the U.S. Constitution. Given that the resolution had 36 GOP sponsors, adoption was inevitable.
It went over to the Senate where it took only a few minutes to complete its journey to Congress.
HCR 31 is a bit different from prior resolutions by wrapping topics together generally handled in separate resolutions: to “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”
Article V of the U.S. Constitution establishes two ways to amend the Constitution. First, two-thirds of both houses of Congress can propose amendments. Second, two-thirds (34) of the 50 states can apply to Congress to call a convention of states to propose amendments. HCR 31 takes the second approach.
Any proposed amendments would have to be ratified either by the legislatures of three-fourths of the states (38) or by conventions in three-fourths of the states.
Delegate Chris Pritt, R-Kanawha, led off the debate. “This is perhaps one of the most important votes we will take as legislators,” he said. “We have an out of control federal government. … We need to put some brakes on the power and authority of the federal government.”
While some argue that elections serve as a form of Congressional term limits, he said, in reality incumbents almost always win and can stay as long as they like, and do nothing about any national problems. Nine percent of the budget goes toward debt.
And while some say an Article V convention will have no checks and balances, “The proper check is the people of West Virginia” and the other states with shared values. Any amendments have to be ratified by 38 states. “This is about restoring the Constitution to what the founders intended.”
Delegate Larry Rowe, D-Kanawha (from the same district as Pritt), summarized the opposition. There are no provisions in the resolution to prevent secret negotiations. The 1787 convention to amend the Articles of Confederation was conducted in secret and led to a whole new Constitution and form of government.
Likewise, nothing can stop an Article V convention from rewriting the whole Constitution. “This is a precedent unlike any we can ever know,” he said. It attacks the basic foundations of the rule of law.
“What kind of country are we going to have if we don’t have primacy by the federal government,” he said. “Everybody is frightened to death of a secret convention. … We are on the precipice of an abyss that we will regret forever.”
Supporters argue that the resolution contains various provisos to prevent an out-of-control convention. It says Congress doesn’t have the power to set the rules or numbers of delegates from each state, topics are limited to those in the resolution, the Bill of Rights may not be amended or repealed, and West Virginia has the power to recall its delegates.
The resolution was adopted 77-19 with some Democrats crossing over. All local Democrats voted against it.
In the Senate, Sen. Hannah Geffert, D-Berkeley, asked a few questions. This is her first session, having been appointed to office in September.
Sen. Robert Karnes, R-Randolph and one of the leaders of the Article V movement in the Senate, told her that in the 1787 convention, there was no presumption they wouldn’t create a whole new document. And states that didn’t wish to join the new Union could drop out. Ratification by 38 states provides safeguards on what gets amended.
None of the senators who typically spend time opposing these resolutions rose to speak and it was adopted in a voice vote.
Senate budget bill
The only bill up for passage in the Senate on Friday was the budget bill, SB 250. Finance chair Eric Tarr, R-Putnam, said it will serve as the starting point for negotiations with the House on a final product.
He reviewed the numbers. The total budget is $19.2 billion, including federal money. The state General Fund is $4.645 billion, in line with the governor’s proposal and includes the 5% state employee and school personnel raises. It trims just under $9.4 million of the governor’s proposals and adds in the same amount of Senate proposals.
There was no debate. It passed 32-0 and goes to the House.
The Legislature typically takes turns sending a final bill to the governor. A Senate spokeswoman said it’s the Senate’s turn this year. That means the House will amend its budget bill into SB 250 and it will then be negotiated into a final product.
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