Should America Fear a Constitutional Convention?

State legislatures across the country are considering a number of resolutions calling for a national constitutional convention to make changes to the current structure of the American government. But not everyone is happy with the concept and some even outright fear the concept, saying politicians cannot be trusted with such opportunities to make wholesale changes to the government's founding documents.

According to Hal Shurtleff, the Northeast Regional Field Director of the John Birch Society, and Daniel McGonigle III, author of the book, “Execute the Laws to Restore the Republic,” all Americans, including the residents of New Hampshire, should be worried about these calls for an Article 5 convention.

And that’s why Shurtleff, McGonigle, and others have been at the Statehouse the past few days speaking with legislators about two house resolutions calling for a new convention. Both said at a recent press conference that it didn’t matter the relevancy of the issue for holding a national convention. The founders of the country had already put in place a process to amend the Constitution and deal with the lack of enforcement of the country’s current laws or changes the people wanted in structures.

Shurtleff said that both liberals and conservatives, under the perception that both sides will be able to control the process, are promoting the convention process. Conservatives want an amendment requiring a balanced budget and a banishment of abortion while liberals want an end to the Electoral College process of electing presidents and action against the Citizens United Supreme Court decision. However, ordinary citizens, he said, really have no idea what could be done to the Bill of Rights by those in power.

“You have these people on both sides calling for it, for different reasons,” he said.

McGonigle added that the enforcement mechanisms by which government can act to protect life, liberty, and property, were already set. He said those laws were not being enforced properly now, requiring requests for a constitutional convention. McGonigle questioned how any new amendments would be enforced since the current laws, including the Bill of Rights, aren’t being enforced.

“We need to restore the Constitution,” he said. “We need to address the solution and to educate the electorate and enforce the Constitution.”

Shurtleff said House Joint Resolution 10 and 11, calling for conventions to deem that corporations are not people and as well as a request for a balanced budget amendment, would have hearings next week. He said New Hampshire already approved a balanced budget amendment convention call two years ago, so there was no need for another one. Shurtleff added that all the calls should be rescinded and, instead, those interested in amending the Constitution should follow the process of getting the Congress to approve amendments and then, have state legislatures approve changes.