Some Republican-led states are seeking to amend the U.S. Constitution at a rare, never-seen-before convention. They’re pushing a largely conservative-minded agenda to limit federal powers, and Wyoming could be the latest to join their ranks.
“This would be about as direct a democracy as you can get,” said Wyoming state Sen. Eric Barlow (R-Gillette), who’s leading the charge to pass the resolution in the state.
The U.S. Constitution is typically amended by Congress, but the founding document says states can also propose changes. Under the “Article V Convention,” if the legislatures of two-thirds of states (34) apply for a convention, Congress must hold one.
Technically, in the over 200 years since the Constitution was written, this has already happened, but the process has still never seen the light of day, partly since states haven’t coalesced around one specific topic.
But right now, over half (19) of the required number have supported one conservative-minded agenda, which the national organization Convention of States is lobbying for.
It includes three requests:
“Term limits for elected officials, federal officials; restraint on federal spending and then just restraint on regulation,” Barlow explained.
Wyoming lawmakers have tried, and failed, to pass this legislation several times, but Barlow is trying again since he said hundreds of his constituents are calling for this.
Many are worried, however, that holding a convention could have unintended consequences, like a constitutional crisis. Some lawmakers in California are trying to rescind the state’s previous calls for amendments out of fear of a runaway convention.
The Democrat-led state has called for a constitutional convention seven times in the past century, according to California state Sen. Scott Wiener (D-San Francisco), including to create a gun safety amendment.
Wiener and others now worry that these outstanding calls could help trigger a convention, fueled by extremism, especially with the Trump administration in power.
Barlow said there’s safeguards built in. He argues that all 34 states need to call for a convention on one topic in order for it to happen, and that they have to stick to that topic when proposing amendments. Others aren’t so sure, since the process has never been tested.
“Once it begins, extremists could easily hijack it and drive the Convention to strip protections for women, LGBTQ people, workers, immigrants, or any number of other groups, while undermining democracy and locking in the power of the largest corporations on the planet,” Wiener wrote in a December press release.
But Barlow also emphasized that, should a convention happen, three-quarters of states (38) would still have to ratify any proposed amendments.
“ I think it's going to be hard for anything to get amended into the Constitution that doesn't have very broad support across the country,” he said.
Utah and Arizona have already passed legislation calling for a convention to limit federal power, joining 17 others with calls dating back to 2014. Five other states, including Texas, South Dakota, New Jersey, Massachusetts and New Hampshire, are considering joining the effort this year, according to the Convention of States’ website.
Wyoming lawmakers are currently pursuing other ways to limit federal power, including a bill that would allow the Legislature to prosecute the federal government over land management plans and a resolution that demands Congress give Wyoming federal lands and mineral rights.
This story was produced by the Mountain West News Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio, Boise State Public Radio in Idaho, KUNR in Nevada, KUNC in Colorado and KANW in New Mexico, with support from affiliate stations across the region. Funding for the Mountain West News Bureau is provided in part by the Corporation for Public Broadcasting.
