Texans don’t want U.S. Constitution fiddled with

AUSTIN, Texas — Lone State lawmakers recently OK’d a resolution calling for a convention of states to consider amending the U.S. Constitution, but a recent poll shows that most Texans dislike the idea.

Surveying 1,200 registered voters, the University of Texas/Texas Tribune Poll, conducted June 2-11, found 54 percent of respondents said the constitution “has held up well; leave it alone.”

Agreeing with “leave it alone” were 55 percent of Democrats, 61 percent of non-tea party Republicans and 57 percent of tea-party Republicans.

Gov. Greg Abbott included the pro-change resolution as an emergency item in the recently ended legislative session, joining Texas with a national movement that critics say could spark unintended, undesirable consequences. He has said the constitution needs to be altered to “return power back to the states and their respective citizens.”

Twelve states have so far submitted resolutions calling for a convention to consider modifying the constitution to impose federal fiscal restraints, term limits for members of Congress and federal officials, and other limitations on federal authority and jurisdictions.

“If that happens, all bets are off,” said David Super, a Georgetown University Law Center professor. “A constitutional convention opens a Pandora’s box; everything’s on the table.”

Katie Kerschner, project coordinator for the Texas Public Policy Foundation’s Center for Tenth Amendment Action, said it was ” hugely important that state lawmakers approved the resolution.”

Amendments to the U.S. Constitution can be proposed by a two-thirds vote of the U.S. Senate and House or by a constitutional convention called for by two-thirds of the state legislatures. They would then have to be ratified by 38 states. None of the 27 amendments to the Constitution have been added by constitutional convention.

“It’s a very high bar,” Kershner said. “It’s not supposed to be an easy process (but) there’s momentum that has to be built and Texas has to be part of this. The rest of the country looks to Texas as a leader.”

Still, Super said that a convention might well allow conservatives who presently control the White House, Congress and most statehouses to achieve politically risky goals — getting rid of Social Security for example, or limiting constitutional free-speech protections — and avoid consequences by blaming the convention.

Contact CNHI’s Texas state reporter John Austin at jaustin@cnhi.com.