Constitutional Convention: the Con Side

Issues Briefing 2008 featured a panel discussing the pros and cons of having a Constitutional Convention (Con-Con). Unfortunately, the unexpected death of Lt. Governor Pat Quinn's father prevented his attendance and presentation of the pro side. Former State Representative Nancy Kaszak had previously debated Lt. Gov. Quinn on the need for a constitutional convention at the Illinois Municipal League. She presented numerous arguments in opposition to those in support of a Constitutional Convention.

Kaszak commended the LWVIL for being a leader in 1988 in opposing the call for a Constitutional Convention that won 75% of the vote. Twenty-seven states currently have commissions that review the Constitution and recommend updates. She suggested the League oppose this call to Convention for three reasons:

1. The serious problems suggested as a reason for a Con-Con can actually be addressed by legislation or constitutional amendment. Kaszak noted that there have been ten successful amendments since the 1970 Constitution, and the current Lt. Governor has successfully amended the Constitution (the Cutback Amendment of 1980 which reduced the number of members of the House of Representative by 59 and abolished cumulative voting) and could guide individuals through the process;

2. It is dangerous, and possibly irresponsible, to give the responsibility for "providing for the election of delegates" (refer to pages 4-5 of the study guide) to the Governor and General Assembly as they have only 90 days to accomplish this; and

3. The current political climate could make things worse.

Issues often raised as reasons for a Con-Con to which Kaszak responded include:

• Ethics and Campaign Finance Reform - It is currently addressed in excellent legislation (HB1) that is held in the Rules Committee.

• School Funding - The A+Illinois proposal should be passed.

• Progressive Income Tax - Voices for Illinois Children has an excellent position paper on their website (http://www.voices4kids.org/library/files/BT07_incometax.pdf) that has reviewed the Constitution and determined this can be accomplished within the current tax structure as evidenced by the Governor's recent child tax credit.

• Climate Change concerns - States are already establishing climate change commissions, and a vote on HB3424 has been delayed since August while SB663 is held in the Senate Rule Committee; legislation dealing with mass transit is needed.

• Improved judges - In 1970, voters decided they wanted to elect judges, but a constitutional amendment requiring merit selection of judges could be proposed.

• Recall of elected officials, curbing amendatory veto powers, angst over the current legislative process, or reinstituting cumulative voting - Single-member districts result in non-competitive elections favoring incumbents, and cumulative voting could be achieved by a constitutional amendment and would likely create competitive elections and result in more bipartisanship.

• Provision for mandatory voter initiatives - A review of other states reveals that voter ballot initiatives restrict a women's right to choose, abolish funding for English as a Second Language, fund school vouchers, restrict affirmative action, and restrict the state's ability to increase taxes.

Other concerns are that Illinois has a broader Bill of Rights protecting more people in more situations that the U.S. Bill of Rights, and Con-Con could result in changes that would restrict civil liberties. The cost of Con-Con is estimated to be about $100 million with no defined funding source in a state already in debt. Also, Con-Con could eliminate pensions or reduce current funding obligations.

In conclusion, Kaszak suggested there is a need for new courageous leaders, not a new Constitution. Kaszak opined, "Con-Con risks making things more difficult for our most vulnerable citizens."

Moderator Paul Green, a professor at Roosevelt University, provided some background information on the issues for a possible Con-Con. The League thanks him for his insight and willingness to moderate.

Several League members asked if the Constitution could be amended to restore a balance of power, but the Constitution merely provides a framework and basic rules. Con-Con is unlikely to solve issues, and Green commented that "It would be a mistake to throw more oil on a fire of incompetence." Several League members suggested that mandatory voter initiatives are very empowering to voters and represent a serious commitment to good government.

Each local League should have a copy of the Illinois Constitution (found in the Illinois Handbook of Government) and the excellent LWVIL Constitutional Convention Study Guide prepared by the committee. While the history of the 1970 Constitution is fascinating, Leagues need to focus on the future as they prepare to answer the single question asked: Should the League of Women Voters of Illinois support or oppose the call for a state constitutional convention?