Storm clouds gather over constitutional convention

The call for a “Convention of States” to amend the U.S. Constitution, a step strongly favored by Gov. Gregg Abbott, is scheduled to go before the Texas House for debate on Wednesday — if a storm among its advocates can be calmed in time.

Abbott and others want constitutional amendments to restrain federal spending (they cite “a crushing national debt” created through “improper and imprudent spending”), to limit the federal government’s power and jurisdiction (they accuse it of “invading the legitimate role of the states through the manipulative process of federal mandates that are to a great extent unfunded”) and to limit the terms of federal officials and members of Congress.

A trio of measures aimed at achieving those goals passed the Senate in late February.

But all has not gone smoothly these past two months. The primary vehicle for Texas to call for the convention (34 states have to sign on before it can happen) is Senate Joint Resolution 2 by Sen. Brian Birdwell, R-Granbury.

The House Select Committee on State and Federal Power and Responsibility approved SJR 2 on April 20 but added one paragraph that has thrown Convention of States supporters into a tizzy.

It says the call for a convention will only move forward if the other two measures approved by the upper chamber, Senate Bill 21 and Senate Joint Resolution 38, are approved.

SB 21, also by Birdwell, states how Texas delegates to the convention will be appointed — and how they must be removed if they go rogue during the convention and vote on other amendments or in ways not approved by the Legislature.

SJR 38 would repeal other calls for a convention previously approved by the Legislature.

SJR 2, SB 21 and SJR 38 were all scheduled to go to the House floor on Wednesday, but SJR 2 has been sent back to committee for further action. SJR 2 could still be reset for a Wednesday vote.

If it comes back with the offending paragraph removed, presumably its supporters will be happy. If not, they vow to fix it on the floor.

The way it looks, advocates are so bent on calling for a convention that they’d allow Texas delegates to vote however they want on whatever constitutional amendments they want.

That can’t be good.

This story was originally published April 28, 2017 at 7:42 PM with the headline "Storm clouds gather over constitutional convention."