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Con-Con Tool Kit


Responding to Supporters of a Call for Convention

As various organizations adopt positions of support for, or opposition to, the November call for a constitutional convention, there appear to be two types of groups supporting the call: 1) the single agenda groups, and 2) the multiple agenda groups. To counter these arguments, here are some talking points:

  1. Proponents of a single agenda issue, such as allowing recall of government officials, term limits, or merit selection of judges to the constitution are using the call to suggest that a convention is the best way to accomplish that goal. But we say, even though we support some of these issues:
    • There is no guarantee that a specific issue will be agreed on by the delegates and added to their rewrite; instead the convention process would expose the entire constitution to revision.
    • The amendment process is more appropriate for change and has been relatively successful under the 1970 constitution.
    • The trade-offs that single issue groups might have to make to gain support for their cause could result in the loss of important provisions of the constitution.

  2. In responding to multiple agenda groups you should not get caught up in arguing the merits of each proposed change they are supporting, but should emphasize:
    • The risks that the current political dysfunction in state government will extend to the convention.
    • The overall risks of opening the entire constitution to revision in the convention process.
    • The possible control of the convention by special interests.
    • The lack of guarantee that convention delegates would support the proposed changes of Con Con supporters.
    • The inappropriateness of using the convention process rather than the legislative process to address policy issues. For example, the failure of the state to fund public education adequately is a policy issue that has to be resolved by the General Assembly appropriating more dollars for schools. Constitutional provisions are not self-executing and cannot replace the budget process.
    • The feasibility of amending the constitution. (Since 1971, seventeen amendments have been proposed of which ten have passed, while three of the seven defeated have been identical proposals.)
    • Amending the constitution also has the benefit of focusing attention on one issue at a time.