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The last step in changing a democracy to an autocracy is to rewrite the national constitution to remove the last traces of democratic rule and officially place all power in the hands of the dictator. On March 11, the Ohio Senate General Government Committee held its second hearing on SJR 3, Senate Joint Resolution 3, which could do just that.
SJR 3 calls for the creation of a federal Constitutional Convention. The purpose of the convention would be to rewrite the US constitution. Article V of the constitution allows for the creation of such a convention, but it gives no parameters or limitations on its powers. Every aspect of the US Constitution would be on the chopping block, from the separation of powers, to the freedoms of speech and assembly, to the requirement that the president be a natural born citizen. Hello president Musk.
Some of the proponents of the bill have made truly chilling pitches for it. Former Senator Rick Santorum, called for the elimination of the 17th amendment. That's the amendment that allows for US Senators to be elected by the people. Instead, they would be directly appointed by party bosses. Another proponent, Ms. Telles, in testimony said that a rewrite was needed “...to support DOGE.” In other words, admitting that the Department of Government Efficiency is unconstitutional and therefore the constitution must changed. Mark Mekkler, head of the Convention of the States project started the process for a convention in 2013 and has been pushing similar legislation all over the country since then. He says the purpose of the convention is “to reverse 115 years of progressivism.” This would encompass things such as giving women the right to vote and social security.
Proponents insist that a convention poses no threat to our liberties. SB112 is a companion bill which has had one hearing so far. It lays out the procedures for selecting delegates. It would make infringing on those liberties in a rewrite a felony for the delegates. But this is trickery. Historians and scholars agree that the convention is the ultimate authority. Its decisions are unappealable and irreversible, except by another convention. Since federal law trumps state law, the delegates would simply declare themselves immune to state penalties. Supreme Court Justice Warren Burger said that “The convention could make its own rules and set its own agenda.”
It's also important to remember that the current administration has a history of breaking laws and seizing authority on the slightest pretext. In the 2020 election, Trump was prepared to seize the presidency if a few states simply called the election results into question. While the current constitution requires that any rewrite be approved by the states before it takes effect, it's very plausible that the current administration would simply act as if any decisions by the convention that increased executive branch powers and limited the judiciary and legislative branches were immediately law. This is how dictators act. Trump is already defying the courts on a number of issues. This could be the same.
In an interview on the March 23 episode of the podcast “For A Green Future,” Catherine Turcer with Common Cause points out that there is no requirement that any Ohio delegation to the convention in any way represents the true diversity of Ohio. In fact, during the SB112 hearing, Senator DeMora asked if the delegates could all be rich white straight Republican men from Columbus. Michele Reynolds, the Senator sponsoring the bill, agreed that they could. SB112 requires simply that a delegation be approved by a “majority of those present” in the legislature. It doesn't even require a quorum, though given the Republican super majority, there would be no problem approving a fully partisan delegation.
For a convention to be called, 34 states have to request it. So far, 19 have. In this legislative year, 21 more have introduced legislation calling for a convention, more than enough to make it happen.
In addition to Michele Reynolds, George F. Lange is another primary sponsor and Bill Reineke is a co sponsor. A third hearing, opponent testimony, and vote have not yet been scheduled by the Chair of the General Government Committee, Kristina Roegner. Requests to testify at any additional hearings should be sent to her office.