Lincoln Journal Star (Op-Ed): Honoring a compromise

So, imagine my surprise in seeing LR31, another resolution calling for an Article V Constitutional Convention, advance out of committee when we’re not even close to the 5-year sunset included in the resolution passed in 2022.

In Speaker Arch’s call for compromise and working together, my mind went back to the 2022 debate. At an impasse, Sens. Steve Halloran and Wendy DeBoer came up with a compromise. Instead of an open-ended call for a convention, senators agreed on putting a five-year sunset on the call. From the transcript of Sen. DeBoer’s speech that day:

“So I’m reaching out this olive branch to Sen. Halloran and he’s reaching back with one too. So, we’re amending this petition or this LR with this FA63, which would, in five years, rescind the call and then this issue could come before this body again to consider again whether it would like to issue a new call. This is a leap of trust …”

To be clear, I testified against this resolution two years ago. I did so because a Constitutional Convention is a dangerous way to amend that could see our entire Constitution rewritten. It’s not fearmongering to say that — the last time a Constitutional Convention was called, delegates were sent to amend the Articles of Confederation. Instead, they threw them out and put in our current Constitution that gives the federal government more power than it ever had under the original Articles.

If legislators aren’t willing to keep their compromise, I want to remind Nebraskans of the risks. So, I took time the other day to think about what a modern Constitutional Convention could look like.

The convention delegates are names we’re all familiar with. Deb Fisher, Pete Ricketts are likely Nebraska representatives. They’ll be joined by other obvious names, like Bernie Sanders, Alexandria Ocasio-Cortez, Elizabeth Warren, etc.

And like the original constitutional convention, this one won’t be limited to just the “preferred” amendments of those who support the idea here in Nebraska. No longer restrained by congressional rules, delegate Ocasio-Cortez rises to include her gun control proposal, pushing for a federal red flag law, among other things, in a brand-new constitution.

I imagine a bloc of delegates pushing for their preferred legislation — possibly Medicare for all, higher income and corporate tax rates, more federal control, all enshrined in a new constitution.

For those who think that sounds perfect, let me remind you it goes both ways. A balanced budget amendment could dissolve Social Security and Medicare. Abortion restrictions could be enshrined in the federal Constitution. All assumptions are on the table.

Our U.S. Constitution provides two ways to propose amendments, and if a balanced budget is truly the goal, they should go through states and Congress to pass it. It’s how every other amendment has been passed before — all 27 of them. It’s a tried-and-true process that has served us well for over 200 years.

Let’s continue to follow the process — the Nebraska Legislature should honor its 2022 compromise and shelve all attempts to pass additional Article V resolutions until 2027. And when 2027 comes around, let’s hope legislators realize they can follow the same process the other 27 amendments have used to become law.