A Constitutional Convention push is a con; don't fall for it | Kate Miller

Each September 17 marks Constitution Day. It’s a time to pause and reflect on the anniversary of the formation and signing of the U.S Constitution.

Later this month, Kentucky lawmakers are expected to do some of their own reflecting on the Constitution when they gather for a meeting and discussion about whether the Commonwealth should sign on to a national effort to call for a Constitutional Convention. To be sure, a so-called “ConCon” is a dangerous and risky proposition in this time when our politics are so bitterly divided.

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The “ConCon” movement has flown pretty quietly under the radar, but has slowly picked up steam. Kentucky lawmakers are being targeted with regular phone calls and postcards asking for their support of this ill-advised scheme.

While pundits and scholars have dismissed the effort as “fringe” for many years, we now find ourselves only a handful of states away from reaching critical mass before we face the first Constitutional Convention since 1787. Currently 28 of the 34 states needed have signed on to the effort.  As we move closer to the “ConCon” becoming a reality, some states are wisely reconsidering their positions, including New Mexico which rescinded its “ConCon” resolution earlier this year.  

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The prospect of opening up the Constitution to edits threatens every right and protection that we hold dear:  freedom of speech and religion, the right to vote, equal protection the law, the right to a trial by jury and the separation of powers, for instance.  The role of our federal government to uphold the basic standards concerning how people can be treated, as well as the rules governing how these standards are set, could be undone.

Advocates of the “ConCon” suggest they could put parameters around what a convention addresses.  They argue that a Kentucky sign-on for a “ConCon” would mean debate and discussion only on a balanced budget amendment and limits to government power.

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But constitutional experts such as the late U.S. Supreme Court Justices Warren Burger and Antonin Scalia argued there is no such guarantee. In fact, constitutional scholars across the political spectrum agree that neither Congress nor the states could limit the scope of a convention agenda.  University of Louisville law professor Sam Marcossen testified in front of Kentucky lawmakers earlier this year calling a “ConCon” an “unprecedented step” allowing delegates to set their own agenda.  

The Constitution that we celebrate today is far from perfect.  We know that it has not yet fulfilled its promise of liberty and justice for all.  But instead of discarding the words of James Madison and Thomas Jefferson in favor of those written by modern-day politicians, let’s commit to fighting to ensure the Constitution we hold dear truly works for all.

Take action this Constitution Day by demanding that your representatives in Frankfort protect our rights and liberties by rejecting the “ConCon” con. 

Kate Miller is the advocacy director for the America Civil Liberties Union of Kentucky. The ACLU of Kentucky is part of a coalition of Kentucky organizations resisting calls for a “ConCon.” Stay up-to-date on what’s happening by following Kentucky Constitutional Watch on Facebook and @kyconconwatch on Twitter.