RESCIND CALLS FOR A CONSTITUTIONAL CONVENTION (H 4692/S 2684)

By Bob Katzen

House 155-3, Senate 34-4, approved resolutions which would rescind all previous calls by the Massachusetts Legislature for a national Constitutional Convention under Article V of the U.S. Constitution.

This action makes Massachusetts the 17th state to rescind all prior applications for an Article V convention and reaffirms that any constitutional decisions should reflect the will of today’s elected lawmakers and the people they represent.

An Article V convention is a process outlined in the U.S. Constitution allowing states to propose constitutional amendments if two-thirds (34) of state legislatures call for it. Supporters of the resolutions said such a convention could open the entire Constitution to unpredictable changes, as there are no clear guidelines or limitations on what delegates could propose. They noted that while an Article V convention has never been called before in American history, there is recent conservative momentum to add up all active resolutions to meet the two-thirds threshold.

Supporters said the resolutions are in response to concerns that Congress and the Trump Administration could attempt to use prior Massachusetts resolutions to call for a Constitutional Convention to advance their own political agenda, moves that could have broad and sweeping implications on current protections under the U.S. Constitution.

“Given the uncertainty surrounding an Article V convention, such a process could present a serious threat to the U.S. Constitution, our democracy and the civil rights and liberties that are the foundation of our nation,” said House sponsor Assistant Majority Leader Rep. Alice Peisch (D-Wellesley). “Today, we come together in defense of the U.S. Constitution, a document that for more than two centuries has guided our nation, safeguarded our freedoms and provided the framework for our democracy.”

“Today’s bipartisan vote is a resounding affirmation of our commitment to protecting the stability and integrity of the U.S. Constitution,” said Senate Majority Leader Cindy Stone Creem (D-Newton), Senate sponsor of the resolutions. “By acting swiftly and collaboratively, both chambers are turning the page on these outdated petitions that no longer reflect the values or priorities of the commonwealth. Massachusetts will not allow our past resolutions to be misused in ways that could undermine fundamental rights or destabilize our constitutional framework.”

“I am the Senate sponsor of the ‘We the People’ bill to repeal the Citizens United decision, including through an Article V Convention. I continue to believe it is a legitimate path to change the U.S. Constitution, and therefore I voted ‘No’ on the resolutions.”

None of the other six legislators who voted against the resolutions responded to repeated requests by Beacon Hill Roll Call asking them why they voted against them. Those six legislators are Sens. Kelly Dooner (R-Taunton); Peter Durant (R-Spencer); and Ryan Fattman (R-Sutton); along with Reps. Nicholas Boldyga (R-Southwick); John Gaskey (R-Carver); and Marc Lombardo (R-Billerica).

(A Yes” vote is for the resolutions. A “No” vote is against them.)

Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Paul Donato Yes Rep. Erika Uyterhoeven Yes Sen. Patricia Jehlen Yes

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