By Austin Fisher and Amelia Arvesen
KU Statehouse Wire Service
TOPEKA — Former U.S. Sen. Tom Coburn pressed Kansas legislators Thursday to join Arkansas, Georgia and Florida in compelling Congress to call a constitutional convention to adopt limits on power of an “out-of-control” federal government.
Coburn, an Oklahoma Republican who resigned in January from the Senate, told state lawmakers Thursday that they must flex their authority under Article V of the U.S. Constitution to rein in the “irresponsible, unaccountable and unrestrained” federal government in Washington, D.C.
“I’m here to tell you that they’re never going to give up any of their power,” Coburn said.
Identical resolutions were presented in the Kansas House and Senate. If both chambers pass the resolution, at least 34 states would then have to pass resolutions on the same issue to hold a convention. There has not been a constitutional convention since the original in 1787.
Opposition came from Richard Fry, an attorney with the Patriot Coalition, who said if members in Washington are ignoring their oath to a 100–year-old constitution, they won’t start obeying a new one.
“State legislatures already have the necessary constitutional authority to rein in a rogue federal government without amending the U.S. Constitution,” Fry said.
Instead, Fry called the American people to “fulfill our moral and patriotic duty” to hold the government accountable to more strictly interpret the Constitution.
In the House committee hearing, Rep. Brett Hildabrand (R-Shawnee) agreed with Fry.
“If they don’t follow the law now, why would they after the convention?” Hildabrand said.
Coburn responded by restating the importance of states reclaiming power.
“If they don’t comply we may have to have another convention to place sanctions on those who don’t follow the law,” Coburn said.
In the Senate committee, Sen. Tom Holland (D-Baldwin City) expressed his concern with Kansas’ method for choosing legislators as convention delegates, worried that some might have interests in influential businesses like Koch Industries. He worried voters would become increasingly disenfranchised.
“My fear is that those special money interests will invariably find a way to weasel their way into these conventions,” Holland said.
Coburn said the interest in money will always exist.
“Do we do something or do we not do something?” Coburn said. “When people start doubting, then we start falling apart.”
Bel Aire resident Blake Branson said a convention could potentially weaken the Constitution if entrusted to the least liberty conscious states.
“A truly dangerous amendment will be one that looks like a beautiful compromise,” Branson said.
Coburn said it isn’t a partisan issue — conservatives and liberals would not push to change the First or Second Amendment. He said the people want freedom and confidence in a good government.
“I actually think the American people are smarter than the people in Washington by far, and I think Kansans are smarter than who we’ve sent to Washington,” Coburn said.
Paul Degener, a Shawnee County resident, said amending the Constitution through Article V is too dangerous because the federal government will have control over who the convention delegates are, which amendments would be considered and how the convention would be conducted.
“Proponents…are putting too much trust in the Congress,” Degener said. “Our federal government has implemented at least five of the ten planks of the Communist Manifesto with the help of the state legislatures. Do not give them the opportunity of finishing the job by calling for a convention.”
The resolution’s language calls to address “abuses of power” like the “crushing national debt through improper and imprudent spending” and “manipulative” federal mandates.
So far, the measure has 14 sponsors of 40 total in the Senate and 41 of 125 in the House. If it came to a vote, a two-thirds majority in both sides of the Legislature would be required for passage.
Austin Fisher is a University of Kansas senior from Lawrence majoring in journalism. Amelia Arvesen is a University of Kansas senior from San Ramon, Calif., majoring in journalism.