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Minutes for HCR5027 - Committee on Federal and State Affairs
Short Title
Applying to the Congress of the United States to call a convention of the states.
Minutes Content for Thu, Feb 10, 2022
Chairperson Barker opened the hearing on HCR5027. The revisor provided an overview of the bill. The revisor passed out to the Committee a copy of Article V to the United States Constitution (Attachment 1).
Chairperson Barker recognized Rick Santorum (Attachment 2). He stated that Article V of the United States Constitution allows states to propose constitutional amendments through a state-controlled convention. An Article V convention of states is not a convention to change the constitution; it is a convention to propose changes to the constitution. Two-thirds of the state legislatures must pass resolutions applying for a convention to propose amendments on the same topic. Any proposals that are supported by a majority of the states at the convention stage then get submitted back to the states for ratification. Only after 38 states ratify a proposal can it become part of the Constitution. The topics being proposed are amendments that impose fiscal restraints on the federal government; that limit the power and jurisdiction of the federal government; and that set term limits for federal officials, including or possibly limited to federal judges. Questions were asked by Representatives Arnberger, Highberger, Awerkamp, and Haswood.
Chairperson Barker recognized Representative Emil Bergquist as a proponent of HCR5027 (Attachment 3).
Senator Dr. Mark Steffen provided proponent testimony on HCR5027 (Attachment 4). He stated that the career politicians in the federal government and their unlimited spending is slowly killing us. He stated it's our responsibility to correct the wrongs that have insidiously eroded our rights and freedoms. This resolution gives us the opportunity to do that.
Chairperson Barker recognized Angel (Georganna) Cushing as a proponent on the resolution (Attachment 5). She stated that the federal government is trying to grab private property through the Federal Land Management Plan. Fifty counties have passed resolutions wanting out of the federal jurisdiction of the two National Heritage Area boundaries, but it has not stopped the federal government from coveting Kansas lands. She stated that an amendment to the Constitution defining the role of the federal government in land management of state and private property can solve the problem.
Chairperson Barker recognized Mr. Lynn McAllister who testified as a proponent of HCR5027 (Attachment 6). He stated that the abuse of executive orders from the Executive Branch of the federal government has turned our republic into something more like a dictatorship. He asked the Committee to adopt HCR5027.
Barbara Norman was recognized by the Chair as a proponent of HCR5027 (Attachment 7). She stated that legislative overreach and judicial expansion of the basic framework of the United States Constitution has done the American people little to no service. Congress was intended to have very limited power, but much of the language in the Constitution and its Amendments have been carelessly construed and politically tainted by the judiciary.
Chairperson Barker recognized David Copeland who testified as a proponent of HCR5027 (Attachment 8). He stated he represents the grassroots of Kansas. The most common reason people have signed the petition for a Convention of States is to stop the rampant corruption in the government.
Chairperson Barker then allowed questions of the various proponent conferees by the Committee.
Chairperson Barker directed the Committee's attention to the written proponent testimony of John Bahr (Attachment 9); Charles Bruce (Attachment 10); Resolution of the Coffey County Board of County Commissioners (Attachment 11); Connie Davidson (Attachment 12); Rebecca Dunlap (Attachment 13); Tom Harmon (Attachment 14); Stephen Mattia (Attachment 15); Scott McCubbin (Attachment 16); Carl Nelson (Attachment 17); Greg Short (Attachment 18); John Stepnoski (Attachment 19); Senator Alicia Straub (Attachment 20); and Bob Strawder (Attachment 21).
Chairperson Barker recognized John Axtell as an opponent to HCR5027 (Attachment 22). He stated that nothing in Article V guarantees a safe convention. He believes the Constitution must be enforced if we want to solve our nation's problems and reduce the size of federal government. Proposed new amendments are not only unnecessary, but dangerous. Questions were asked by Representatives Smith and Miller.
Chairperson Barker noted that there was opposition written testimony from Blake Branson (Attachment 23); Judi Caler (Attachment 24); Emily Hamburg (Attachment 25); Representative Michael Houser (Attachment 26); Leslie Mark (Attachment 27); Joanna Martin (Attachment 28); and Robert Wood (Attachment 29).
Chairperson Barker closed the hearing on HCR5027.
There being no further business, the meeting was adjourned at 10:17 a.m.
