UPDATED: Plan for constitutional convention fails in Kansas Senate

UPDATE, March 8, 2018: The resolution calling for a constitutional convention failed in the Senate, 22-16. A two-thirds majority was required for the resolution to pass.

Original story, March 7, 2018: A call for a national constitutional convention to limit federal spending advanced in the Kansas Senate on Wednesday, but its fate is uncertain.

Kansas lawmakers haven’t endorsed a constitutional convention in decades, but they took a significant step forward when the Senate gave initial approval on a voice vote to a resolution that has been endorsed by 12 states. Thirty-four states must sign off on a convention.

A convention could propose constitutional amendments to require the federal government to balance its budget or set term limits for members of Congress. Skeptics fear the convention could go far beyond that, however, and pursue radical changes to the nation’s cornerstone document.

The proposal needs two-thirds support to pass the Senate, but the outcome of a final vote expected Thursday remains unclear. The Senate Democratic leader has said his caucus won’t support the plan, and Republicans face at least one likely defection on their side.

If the resolution passes the Senate, it will head to the House.

“I think it sets up a dangerous process for our country, for our democracy,” Senate Minority Leader Anthony Hensley, D-Topeka, said.

Powerful special interests would spend massive amounts of money to influence the convention, he added.

Supporters say fears of a runaway convention are overblown. Instead, they say it is the federal government that is out of control and needs to be reined in.

“I get the fear is real. The fear can be real, yet unfounded,” said Sen. Ty Masterson, an Andover Republican and the resolution’s lead proponent.

Typically, Congress proposes an amendment and it becomes part of the constitution if three-fourths of the states ratify it. But Article 5 of the constitution also allows for a convention to propose amendments, but gives no details for how it would operate.

The first constitutional convention, which produced the original constitution, allowed each state one vote and supporters say a convention today would function similarly. Any proposed amendments would still need to be ratified by three-fourths of the states.

Convention supporters say that ultimately the need to constrain the federal debt exceeds possible concerns over convention organization.

The resolution lists three purposes for the convention: imposing fiscal restraints on the federal government, limiting the power and jurisdiction of the federal government and limiting terms of office for federal officials and members of Congress.

The United State has a terrible debt problem, said Senate President Susan Wagle, R-Wichita. The country’s fiscal situation will deprive future generations of programs like Social Security, she contends.

“I know for a fact my children, my grandchildren, will not have that benefit. They will not have that security because the money will be all gone,” Wagle said.

Sen. Dennis Pyle, R-Hiawatha, said he shares concerns about the direction of the federal government. But he said he has many questions about how the convention would operate: who would represent Kansas, how that person would be selected, and whether they would use that platform to run for office.

“I’m just not there yet,” Pyle said.

This story was originally published March 7, 2018 at 5:18 PM with the headline "UPDATED: Plan for constitutional convention fails in Kansas Senate."