In 2022, Focus on Defeating and Rescinding Con-Con Applications
by Peter Rykowski, Research Associate
The legislatures of most states will reconvene in January of next year. For patriots, this presents both an opportunity and a challenge: an opportunity to advance legislation that protects and restores our God-given individual freedoms, and a challenge to stop measures that do the opposite.
One of the most important battles in state capitols this coming year is over state applications for a constitutional convention (Con-Con), under Article V of the U.S. Constitution. Pushed by organizations such as Convention of States (COS) and Wolf-PAC, a convention risks opening up the Constitution to radical revisions that would decimate our individual freedom. It is imperative that we defeat this insidious threat.
Although patriots in every state must stay on guard against Con-Con activity, there are some states we must watch particularly closely. In multiple states, Con-Con resolutions have passed either the state house or senate, and risk passing the other. These include Georgia (SR 28 and SR 29), North Carolina (H172, H233), South Carolina (H3205), Tennessee (HJR 8), West Virginia (SCR 5), and Wisconsin (AJR 9). Furthermore, Nebraska’s unicameral legislature is at risk of passing COS resolution LR 14. Other Con-Con resolutions have been introduced in most of these states. We cannot afford to be complacent or let down our guard in these states.
Other states are also at serious risk of considering or passing Con-Con resolutions next year. They include — but are not limited to — Arizona, Iowa, Kansas, Kentucky, Michigan, Ohio, Pennsylvania, South Dakota, and Wyoming. These states have seen much Con-Con activity in the past year and look poised to pass resolutions — if patriots don’t act decisively.
However, being on defense with no offense is a poor strategy that will ultimately result in defeat. In addition to stopping new Con-Con applications, we must focus on rescinding existing ones. Already, two states — Nebraska (LR 28) and North Carolina (HJR 146) — have pending rescission resolutions that patriots must urge their legislators to pass. In North Carolina, a potential selling point to the Republican-controlled legislature is the fact that in 1949, the state applied to Congress for a convention to propose amendments implementing a world federation and a world constitution. This application has not been rescinded.
Other ripe rescission opportunities include Illinois, Kentucky, New Jersey, New York, Oregon, and Washington, which have antiquated resolutions that Balanced Budget Amendment (BBA) advocates are aiming to use to advance their particular Con-Con scheme. Most of these states’ legislatures are Democrat-controlled and could be convinced to support rescission. States that either recently defeated Con-Con resolutions or have seen opposition to a convention among influential opinion molders — including Alabama, Montana, North Dakota, and Wyoming — also present strong rescission opportunities.
If we are to save our Constitution, patriots in any of the above states must actively be in contact with their legislators and the relevant committees — not only to oppose a Con-Con, but to educate legislators about superior alternatives. Rather than pursuing a dangerous method that could lead to radical amendments or an entirely new constitution, legislators would be wise to enforce the Constitution, such as nullifying unconstitutional federal actions under the Constitution’s Article VI, which obligates such actions. For examples of how nullification has been used successfully both historically and recently, visit https://jbs.org/6not5/6not5-action/.
In addition to enforcing the Constitution through nullification, state legislators must put their energy into ending their dependence on the federal government for funding. Further, rather than using term limits to throw out congressmen who don’t follow the Constitution, the electorate needs to be educated to stop electing such individuals. All of these solutions are significantly more effective than a Con-Con at advancing positive change.
As 2022 begins, let’s not get complacent about the Con-Con threat. Rather, in addition to actively working to stop new applications, let’s advance rescission resolutions and positive alternatives such as nullification. Through education and coordinated action, we will win the battle for our Constitution.
ACTION SUMMARY
• Regularly get in contact with your legislators and educate them on the dangers of a Con-Con and the benefits of alternatives such as nullification.
• If you live in one of the states listed above with pending Con-Con resolutions, work to stop the measure(s) in your state. Furthermore, work on getting a resolution introduced and passed in your state to rescind all existing Con-Con applications.
• Go to our “Stop a Con-Con” action project page at https://jbs.org/concon/concon-action/ to find our educational tools and legislative action alerts.