In a victory for the U.S. Constitution against efforts to radically change it, New York has rescinded all its applications for an Article V constitutional convention, or Con-Con.
On March 20, the State Assembly passed Senate Resolution No. 1460 (B1460) by a 102-46 vote. Most Democrats voted for the resolution, and most Republicans against, though both parties had two defectors. The resolution previously passed the Senate by a voice vote; it is now fully enacted.
B1460 rescinds all of New York’s extant (or “live”) Con-Con applications. It declares:
The Legislature does hereby rescind, repeal, cancel, nullify, and supersede, any and all prior applications by the Legislature to the Congress of the United States of America to call a Constitutional Convention to propose amendments to the Constitution of the United States pursuant to the terms of Article V of the Constitution of the United States of America, regardless of when and regardless of whether such applications were for a more limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects, whether or not the calls are confirmed by the historical records maintained by the State or the Library of Congress….
The resolution also lists New York’s known Con-Con applications that have now been rescinded:
These calls include (1) Joint Resolution (1789) calling broadly for amendments to the Constitution to promote the common interests and secure the great and unalienable rights of mankind; (2) Joint Resolution (1931) calling for the repeal of the eighteenth amendment; and (3) Joint Resolution (1972) calling for the allowance of public funds for secular education….
The 1789 application, calling for a Bill of Rights — which Congress created and passed only a few months later — is particularly important, as supporters of a so-called Balanced Budget Amendment (BBA) have attempted to aggregate it and other non-BBA applications with those applying for a BBA convention.
New York’s rescission prevents BBA supporters from attempting to aggregate this application with the more recent and substantively different BBA applications.
In a statement, Speaker of the New York State Assembly Carl Heastie (D-Bronx) and Assemblyman Ken Zebrowski (D-Clarkstown) praised the resolution’s passage, stating, “Definitively rescinding all previous calls for a constitutional convention will keep those working in bad faith from using resolutions passed in a different time and different context to alter the course of our country and our Constitution.”
Concerns about the outcome of an Article V constitutional convention are well-founded. As The New American and its parent organization, The John Birch Society, have previously reported, calls for a Con-Con could lead to a runaway convention that would reverse many of the Constitution’s limitations on government power and interference. In other words, a Con-Con could accomplish the same goals that many of its advocates claim to be fighting against.
Con-Con Activity in Other States
New York is not the only state that has considered rescission resolutions this year. Such resolutions have also been introduced in Arizona, Connecticut, New Hampshire, and South Carolina.
Last week, the New Hampshire House of Representatives passed its rescission resolution (H.C.R. 9) by a voice vote, sending it to the state Senate for consideration. The House previously rejected a motion to declare the resolution “inexpedient to legislate” by a 128-238 vote.
Meanwhile, patriots in some states — including Alaska, Hawaii, Idaho, Louisiana, South Carolina, and Tennessee — are battling fierce efforts to pass new applications for a constitutional convention. On Wednesday, a Democratic-controlled Hawaii Senate committee voted in favor of two supposedly “conservative” resolutions to apply for a convention — illustrating how the Left is advocating radical revisions to the U.S. Constitution via a convention.
Much more work is needed to safeguard the Constitution and the God-given freedoms it protects from schemes for a constitutional convention. This includes informing state legislators and the public about the Constitution and principles of liberty, as well as proper solutions to federal overreach such as nullification. Through building an educated and activated electorate, we can ensure our leaders uncompromisingly defend the Constitution and the freedoms it protects.
To urge your state legislators to oppose resolutions applying for an Article V constitutional convention, visit The John Birch Society’s legislative alert here. Also, to view and contact legislators on specific resolutions in your state, click here.
