By Ruth Brown, Idaho Reports 

The Senate Judiciary and Rules Committee passed a resolution Wednesday on 6-3 vote to invoke Article V of the U.S. Constitution.  

Sponsored by Sen. Todd Lakey, R-Nampa, SCR 112, would make a formal application to Congress from the Idaho Legislature to call a convention of the states under Article V. That section allows for the states to amend the U.S. Constitution, rather than Congress, if a convention of the states is called.  

“Our founding fathers were inspired when they developed our United States Constitution,” Lakey said. “They were blessed with the collective wisdom that is reflected in that document.” 

It would require two-thirds of the states, or 34 out of 50, to make applications on the same subjects for a convention to be called. The bill heard in committee Wednesday targets a balanced national budget and the over $34 trillion national debt, federal jurisdiction, and term limits at the federal level. 

“I think we are in the day where our founding fathers have foreseen,” Lakey said. “Where the federal government has grown their authority so far beyond the proper balance envisioned by our framers and in the Constitution, that action needs to be taken by the states.” 

Supporters of the resolution came from the Convention of States organization, which characterizes itself as a grassroots organization. 

Former U.S. Sen. Rick Santorum testified in committee in support of the Convention of States. Santorum is also a former presidential candidate and told the committee that initially, he would not have supported an Article V convention.  

“I came to this decision – after 16 years in Congress, run for president twice – that things are not going to change if we keep doing what we’re doing,” Santorum said. “So, I’m traveling around the country, coming in front of legislative bodies, and I’m asking for your help.” 

Dorothy Moon, Chairwoman of the Idaho Republican Party, testified in opposition to the bill, reminding the committee that the party passed a resolution in 2012 in opposition to an Article V convention. Moon said the resolution found that the risk of loss far exceeds the potential for gain at a convention. 

Jeff Perley of Moscow testified in favor of the resolution, supporting the Convention of States.  

“Our U.S. legislators seem incapable for reigning in their federal spending and curbing their proclivity to pass laws that erode our rights,” said Perley. “I no longer have any hope that they are capable of such restraint.” 

McKay Cunningham, a constitutional law professor at the College of Idaho, testified in opposition.  

“This bill doesn’t limit what can be discussed and changed at this convention,” Cunningham said. “It invites wholesale revision of the document itself at the precise wrong moment. When Americans are deeply divided, and Idahoans are not calling for this.” 

Others who testified in opposition to the resolution questioned who the delegates at the convention would be and what rules would there be about what could be amended. They said the Constitution itself does not define that. 

“A convention of states would pose a risk far greater to our freedom than any potential reward,” said former Sen. Christy Zito, speaking on behalf of the Idaho Second Amendment Alliance. “What is to stop the convention from getting out of control?” 

In closing, Lakey told the committee that the state would have the ability to put limits on its delegation at the convention and call a delegate back if they weren’t complying with the Legislature’s wishes. Two-thirds of states would be required to agree on a topic and three-fourths of states would be required to agree to an amendment for the issue to be ratified. 

Sen. Phil Hart, R-Kellogg, made a motion to hold the bill until the next committee meeting to allow for more testimony, but the motion died for lack of a second. 

Hart was the only Republican to side with Democrats in voting against moving the bill forward. It now heads to the full Senate. 

---