April 13, 2007
Back to Columns

We Need A Constitutional Convention

By Sen. Mike "Citizen Mike" Folmer

The Senate State Government Committee, of which I am vice-chair, recently concluded a series of statewide public hearings on whether or not a constitutional convention is necessary to meet the public's need for more open and honest government.

Initially, I was skeptical about a constitutional convention.  But after three months in office, and after listening to compelling testimony during these hearings from brilliant legal scholars and citizen watchdogs, I am now convinced that not only do we need a convention, but that we won't have complete reforms without one.

It's true that the Senate and the House, on their own initiative, have taken some positive strides to make changes for the better in how the General Assembly operates.

But, there are several pressing matters that require a constitutional remedy, such as: lawsuit abuse reform, term limits on legislators, capping runaway spending, political redistricting, initiative and referendum, and others.  Each of these is critical to establishing open, honest, and accountable government.  Each requires a separate constitutional amendment in the absence of a convention.

Constitutional amendments are extremely difficult to pass.  Identical bills need to be passed in two consecutive sessions of the General Assembly and then be approved by voters in a statewide election.  This complicated process makes it difficult, if not impossible, to pass many meaningful reforms.  The result is often a continuation of the status quo.  We need to find ways to overcome this inertia to make needed changes.

In reference to a pending amendment to the United States Constitution, President Lincoln once said, "To me, the convention mode seems preferable to the amendment process in that it allows amendments to originate with the people themselves, instead of only persuading them to take or reject propositions originated by others not especially chosen with a purpose."

A constitutional convention with citizen delegates, and only such a convention, will better give us the government we need and deserve.