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Budget Hawks Hatch Plan to Force US Constitutional Convention

Associated Press

   WASHINGTON - GOP activists want to trigger a constitutional convention
   with the goal of enacting a federal balanced budget amendment,
   potentially requiring massive cuts to government spending.
   Critics warned a convention could decide to take on topics beyond a
   balanced budget and propose other big constitutional changes, though 38
   states still would have to ratify any proposed amendments.
   Former Wisconsin Gov. Scott Walker outlined a legal strategy to a
   gathering of state lawmakers and corporate lobbyists earlier this month
   designed to force a convention to consider the amendment even though
   only 28 states have still-pending resolutions calling for one, well
   short of the 34 required.
   The event was part of the annual meeting of the American Legislative
   Exchange Council, a corporate-backed group that facilitates
   conservative and pro-business legislation, which was held online due to
   the risk posed by COVID-19.
   In a video of the July 21 session led by Walker and posted by ALEC,
   Walker lamented the ballooning federal debt of more than $26.5
   trillion, conceding the figure has continued to grow under both
   Democratic and Republican administrations.
   "It's just more and more spending," said Walker, who unsuccessfully
   sought the GOP nomination for president in 2016. "We've got to do
   something about that. That's why we need a balanced budget amendment.
   We need it now more than ever, and we need it before it's too late."
   It's unclear how many state legislators listened to Walker's
   presentation or support the idea. But Ohio Senate Majority Leader Matt
   Huffman, a Republican who participated in the discussion, said he would
   work to build support in his state for a lawsuit seeking to convene a
   constitutional convention.
   Walker is the latest in a long line of Republicans pressing for a
   constitutional amendment requiring the federal budget be in balance. In
   2018, the GOP-controlled House of Representatives voted 233 to 184 in
   favor of it but failed to reach the two-thirds margin required to send
   an amendment for potential ratification by three-quarters of the
   states.
   "What we see is that politicians in Washington are incapable,
   regardless of party, of ultimately getting the job done when it comes
   to a balanced budget amendment," Walker said. "So, thankfully, our
   founders presented another way to do this, and that is through the
   states."
   The new plan, presented during the ALEC workshop with a PowerPoint
   presentation from conservative activist David Biddulph, is to take the
   28 state resolutions seeking a balanced budget amendment and combine
   them with six state resolutions passed over the last two centuries
   generally seeking a constitutional convention. The oldest of those was
   a resolution passed by New York in 1789, according to a 2018 article on
   the conservative Federalist Society's website by constitutional scholar
   Robert G. Natelson.
   Biddulph proposed recruiting state attorneys general to file a legal
   order demanding that Congress recognize the 36 state resolutions and
   convene a constitutional convention. If Congress refuses, the AGs would
   sue in federal court.
   Walker declined an interview request from AP, referring questions to
   Biddulph.
   Biddulph, co-founder of a Florida-based group called Let Us Vote for a
   Balanced Budget Amendment, said Wednesday the lawsuit to trigger a
   constitutional convention could be the best shot of advancing his
   signature issue.
   "We think that the shortest path to actually getting a date for an
   Article V convention is through the Supreme Court," he said. "That is
   definitely not through Congress."
   David Super, a Georgetown University Law professor who has studied
   efforts to convene a constitutional convention, said it would overturn
   decades of legal precedents on the separation of powers for the federal
   judiciary to order the Congress to convene a convention. But he said it
   was not outside the realm of possibility, given the pace at which
   President Donald Trump and Senate Majority Leader Mitch McConnell have
   been putting conservative judges on the federal bench.
   "I think we're going to be seeing more and more lawsuits of this kind
   that in normal times would be laughed out of court and perhaps the
   lawyers fined for bringing them," Super said in an interview. "But
   given who is now sitting, there's a fair chance that they will win, at
   least at the trial stage and very possibly at the court of appeals."
   Every U.S. state but Vermont has a form of balanced budget requirement,
   but state governments typically rely on federal financial assistance
   during hard times, such as the current fiscal crisis caused by
   COVID-19. If enacted, critics contend that a federal balanced budget
   amendment would necessitate draconian spending cuts, steep tax
   increases, or both -- potentially causing a prolonged national
   recession.
   Super said Walker, in his presentation, ignored the role the $2
   trillion tax cut passed by a GOP-controlled Congress at the end of 2017
   played in deepening federal deficits.
   He also warned that convening a constitutional convention could have
   unintended consequences. He pointed to the 1787 convention that was
   called to amend the Articles of Confederation but resulted in a whole
   new national constitution.
   "Once you have the convention, it is subject to nobody's control,"
   Super said. "It makes its own agenda. It makes its own voting rules
   that decides how long it lasts and how far it goes."
   Arn Pearson, executive director of the progressive watchdog group
   Center for Media and Democracy, also warned that a so-called runaway
   convention could be called to consider one subject but then decide to
   make other big constitutional changes.
   Republicans control 60 percent of the state legislative chambers,
   potentially giving them a numerical advantage in selecting who would be
   delegates.
   "If their ploy succeeds, the field will be thrown wide open for
   constitutional rewrites," Pearson said. "Right-wing mega donors will
   spend millions to advance a sweeping agenda to limit federal powers.
   It's not going to be an exercise in popular democracy."