Constitutional convention nonsense at Legislature

From the political notebook: » The Arizona Legislature has passed not one, but two measures calling for a convention of the states for the purpose of proposing amendments to the Constitution. The first (HCR 2010) calls for a convention to deal with fiscal restraints on the federal government, limiting the federal government’s power, and putting term limits on members of Congress.

The second (HB 2226) calls for a specific balanced budget amendment, although that’s a misnomer.

The Constitution provides that twothirds of the states can call a convention for the purpose of proposing amendments. I’ve never shared the concern of a runaway convention rewriting the Constitution wholesale and adopting some goofy alternative of either the left or the right. Whatever emerges from the convention would have to be ratified by the legislatures or conventions of three-quarters of the states. If that could be achieved for a goofball rewrite, we’re toast anyway.

The proposed balanced budget amendment is intended to address the concerns of a runaway convention by being specific about the language to be added to the Constitution. Whether a constitutional convention, once called, can be limited in this way is a matter of great legal dispute. Given that the original constitutional convention was called to amend, rather than replace, the Articles of Confederation, there is reason to be skeptical about the ability to circumscribe results in advance.

Moreover, what the Legislature approved, and Gov. Doug Ducey signed, isn’t really a balanced budget amendment. It transfers the power to approve additional national government debt from Congress to the states. And it requires that new or additional taxes be approved by a two-thirds vote of both houses of Congress. Unless it is a sales tax increase to replace income taxes entirely. Then it only requires a simple majority.

I don’t favor a true balanced budget requirement, which this isn’t. It is sensible to finance large capital purchases, such as buildings or fighter jets. The federal government should have a separate capital budget and debt should be limited to it. What the federal government needs to stop doing is borrowing to pay operating expenses.

Regardless, HB 2226 is a colossal waste of time. Such an amendment is never going to be approved by threequarters of the states.

Ducey has been embracing and cele-