Home > Constitution Party, Federal Power, South Dakota, States Rights > Defend Not Amend tour going through SD

Defend Not Amend tour going through SD

March 6, 2014

1098410_10203116082005160_1550330389_nFor next few days attorney Richard Frey will be traveling through the great state of South Dakota speaking against an Article V convention (I briefly mentioned this a couple of weeks ago). I explained before than an Article V convention is NOT the way to fix the many problems that exist in DC; and that an Article V convention may actually make matters worse!. So far in the 2014 legislative session there have been 3 attempts in the South Dakota legislature to apply or set conditions for an Article V convention. Luckily each of these attempts was stopped:

  • HJR1004 – Purpose: Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.
    This particular application for an Article V convention was doubly bad. Not only was it asking for a convention, it was asking for a balanced budget amendment. Personally I would love a federal balanced budget amendment! But any such amendment would by necessity have to exempt ‘defense’ spending. All the federal government would need to do in getting around such an amendment is use creative accounting and classify more areas of spending as ‘defense’. I am glad to say this resolution failed on the House floor 28-42.
  • HJR1005 – Purpose: to apply for a Convention of the States under Article V of the Constitution of the United States.
    This one died in the House State Affairs committee the same day they passed HJR1004. I think the committee realized that the subject of an Article V convention doesn’t really matter, because it has no impact upon what actually happens at the convention.
  • HB1136 – Purpose: limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.
    This was a close one. It failed with a vote of 33-37 on the House floor. The next day a vote to reconsider was defeated narrowly with a vote of 35-35. This particular bill would not have actually petitioned for an Article V convention. Instead it would have tried controlling the actions of any delegates sent from South Dakota to a convention. Such a move would be both unwise and potentially unconstitutional.

Now just because the above three bills were defeated it doesn’t mean there is nothing more to fear in this legislative session. There are tricks that can be used to resurrect an attempt to push an Article V convention through. Hopefully those attempts can be stopped before they actually start.

But in the meantime I would urge everyone to meet with Mr Fry on the Defend Not Amend South Dakota tour!

  1. Merlyn Schutterle
    March 6, 2014 at 5:09 pm

    Those fools are all emotional and have no idea of what the unintended consequences are. I can’t think of any group that I would trust to change the constitution.

    • March 7, 2014 at 8:02 am

      I have to agree completely. The idea is now catching on in groups from multiple political persuasions. It will be a nightmare if a convention does actually get called.

  2. Darin
    March 6, 2014 at 6:47 pm

    Georgia just past it…why is Mark Levin for it I cannot think of anyone more intelligent than Mark. DC will never fix it problems until something radical happens.

    • March 7, 2014 at 8:03 am

      I read Levin’s books on the Liberty Amendments. Very little of the book went into the process of the convention or the potential consequences of one. He seems to be glamoured by the possibilities, so ignores any potential downside.

  3. Reagan Republican
    March 6, 2014 at 7:22 pm

    Who are the people who are pushing for a convention?

    • March 7, 2014 at 8:06 am

      Ironically in the South Dakota legislature its many of the Representatives and Senators I support on most other issues. A lot of liberty-oriented and conservative legislators have been supporting a convention for a couple of years now. And the trip 13 of them took to Mt Vernon reinforced that in their heads..

  1. No trackbacks yet.
Comments are closed.
%d bloggers like this: