BOISE - Idaho will not be joining other states in calling for an Article V convention to amend the U.S. Constitution.
Despite heartfelt pleas for faith, inspiration, trust and patriotism, the House State Affairs Committee defeated an Article V resolution on a 10-5 vote Friday.
Chairman Tom Loertscher, R-Iona, said there's no doubt the Constitution is in jeopardy. Beset by decade after decade of expansive Supreme Court decisions, by an out-of-control executive branch and spineless legislative branch, the nation's founding document "is hanging by a thread."
"It's sad we even have to have this discussion," Loertscher said. "But how is the current system working for us? Is Congress really stepping up to the plate to solve issues the courts have created? Here's one thing the states can do. Our lack of trust in each other magnifies by the day - our mistrust of the system, of legislators, our mistrust of each other. Sooner or later, we're going to have to trust some process to fix the issues."
Dozens of Idahoans came to testify before the committee earlier this week, during nearly seven hours of public hearings. Most spoke against the resolution, saying an Article V convention would open the Constitution to wholesale change and the loss of cherished rights.
Rep. Randy Armstrong, R-Inkom, likened opponents to the tepid British loyalists who refused to take up arms during the American Revolution.
"By having so much fear in your hearts over this, I want you to recognize you wouldn't have been a patriot," he said, speaking to a packed audience in the committee room. "I'm just hoping we can sense the whiff of freedom, and the whiff of faith and of optimism that we need to have, and that we reject the rancid stench of fear in our hearts, that we not be a Tory, but can be a patriot."
Other committee members, however, noted that Article V doesn't provide any guidelines or rules for how a convention of the states would operate. It's unclear, for example, whether the convention could be limited to discussing a single topic, such as a balanced budget amendment. It's unclear how many votes states would have when deciding on amendment - one per state, or multiple votes based on population.
Referring to comments by several supporters, Rep. Lynn Luker, R-Boise, agreed that any amendments approved by a convention would still need to be ratified by three-quarters of the states.
But "ratification isn't a fail-safe" against objectionable changes, he said. For example, the 16th Amendment, which gave the federal government the power to levy an income tax, was ratified by the states. So was the 17th Amendment - providing for popular election of U.S. senators - which the Idaho Republican Party platform says should be repealed.
Rep. Vito Barbieri, R-Dalton Gardens, said amending the Constitution is of little use when the Supreme Court issues illegitimate decisions.
"We can talk about fear. We can talk about runaway congressional members. But the Supreme Court has issues, and I don't know that a convention of states is going to fix that," he said.
Barbieri, who championed an Obamacare nullification bill in 2011, said the real solution to an out-of-control federal government is for states to exert their Tenth Amendment rights.
"This state needs to stand up on its own to exercise state sovereignty," he said. By voiding federal rules and regulations and rejecting federal dollars, Idaho can "show that it will stand, whether it has to stand alone or not. And others will join us. Then we'll have some meaningful change."
Loertscher found greater hope in God than in sovereigns.
"I really do believe the Constitution was inspired," he said, echoing comments by a number of supporters and opponents alike. "It was written by men who were inspired to do the right thing. Are we any less entitled to inspiration today? I would submit that same inspiration abides within us. We are in charge. We are the ones who can make things happen."
Luker, though, placed his faith "in our current system, as bumpy and as tumultuous and ugly as it sometimes is."
"I don't have as much faith in a body gathering today, as it did in 1776 and 1787, to come up with this marvelous, wonderful, inspired document," he said. "I don't think as a nation we have the inspiration to do that today."
A motion to send the resolution to the House floor without recommendation failed on a 10-5 vote. Rep. Priscilla Giddings, R-White Bird, voted with the majority, as did Rep. Paulette Jordan, D-Plummer.
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Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.
