Earlier today I had the opportunity to speak with Speaker of the Virginia House of Delegates William Howell for about twenty minutes regarding his involvement in calling a potential Constitutional Convention.
Howell said that he is very interested in the idea of a convention and has been actively talking about the idea with several national leaders, including former U.S. Attorney General Ed Messe, as we reported on Bearing Drift Sunday, as well as his peers in the American Legislative Exchange Council.
“Real change comes from changing the current law,” said Howell. “If twenty-eight states call for a convention, Congress will take notice.”
He feels that right now, Congress is not responsive to what a majority of Americans feel and is enacting an agenda that is far too revolutionary in scope.
However, Howell is very aware that some conservatives worry about the prospect of a Constitutional Convention, including noted author and philosopher Phyllis Schlafly.
Schlafly has written as recent as May that, “The trouble with a [Constitutional Convention] is that there are no rules in the Constitution or in any law to limit a Con Con’s purpose, procedure, agenda, or election of delegates. Congress has repeatedly rejected bills to establish rules or procedures. There is no way to control a Con Con in advance or to require it to consider only one subject.”
But Howell sees a convention as perhaps the only way to revitalize the 10th amendment and repeal the 17th amendment (the direct election of Senators). He would like to see states have more parity with the federal government.
“Congress has been unresponsive to the states and the people,” said Howell. “This is not a Republican-initiated idea, but a lot of independents are outraged [by the actions of Congress] as well – as they should be. For example, a few short years ago Sen. Mark Warner was governor and knew the budget dilemma we faced with Medicaid. Now, this so-called ‘radical centrist’ is voting for millions of dollars of unfunded mandates on Virginia and increasing our liabilities.”
Howell acknowledged that the possibility of a convention is extremely remote and will not be brought to a vote during this General Assembly.
“This is not at the top of my ‘to do’ list,” he said, knowing full-well that Virginia’s budget short-fall and transportation concerns will be more than enough to dominate the next sixty-day session. But he did not rule out the possibility of the legislature calling for one next year.
Howell is interested in seeing Article V have a “third way”. In other words, he is interested in the states having the option to amend the Constitution in the same manner that Congress can…where two-thirds can propose AN amendment and have it ratified by three-quarters of the states. Right now, the only recourse for states is to have the full-blown, perhaps runaway, “Con Con”.
However, Howell said it goes without question that even if 34 states agreed to hold a convention, it would likely be held up in years of litigation and acknowledged that perhaps the best change still remains our elections.
He closed our conversation by quoting Jefferson: “Indeed I tremble for my country when I reflect that God is just, that his justice cannot sleep forever.”
