What is a constitutional convention of states

A convention of delegates from all the states except Rhode Island met in Philadelphia, Pennsylvania, in May of 1787. Known as the Constitutional Convention, at this meeting it was decided that the best solution to the young country's problems was to set aside the Articles of Confederation and write a new constitution. George Washington presided over the Constitutional Convention.

The delegates, or representatives for the states, debated for months over what would be included in the Constitution. Some states were in favor of a strong central government, while other states were opposed. Large states felt that they should have more representation in Congress, while small states wanted equal representation with larger ones.

Roger Sherman, a delegate from Connecticut, proposed a legislature with two parts; states would have equal representation in the Senate, and the population of states would determine representation in the House of Representatives. This created a bicameral legislative branch, which gave equal representation to each State in the Senate, and representation based on population in the House. Small states feared they would be ignored if representation was based on population while large states believed that their larger populations deserved more of a voice. Under the bicameral system, each party would be represented in a balance of power. Each state would be equally represented in the Senate, with two delegates, while representation in the House of Representatives would be based upon population. The delegates finally agreed to this "Great Compromise," which is also known as the Connecticut Compromise.

The Constitution also created an executive branch and a judicial branch, which set up a system of checks and balances. All three branches would have a distribution of power so that no one branch could become more powerful than another. Early on, Governor Edmund Randolph of Virginia presented the Virginia Plan, which provided for a national government with three branches. The legislative branch would make laws, the executive branch would provide leadership and enforce laws, and the judicial branch would explain and interpret laws.

Like the issue of political representation, commerce and slavery were two issues that divided the Northern and Southern states. Southern states exported goods and raw materials and feared that the Northern states would take unfair advantage. The South finally agreed not to require two-thirds passage in both houses to regulate commerce. The North agreed that the slave trade could continue until 1808. In addition, slaves would be counted as three-fifths of a person for representation in the House of Representatives; this was known as the “Three-Fifths Compromise.”

Nationality requirements and ways to amend and ratify the Constitution were also addressed. Senators would have to be citizens for nine years and Representatives for seven years, and the President must be native-born to be eligible to hold office. In order to make changes or amendments to the Constitution, nine of the 13 states would have to vote to ratify before an amendment could become law.

TIFFIN — State Rep. Riordan McClain said he and state Rep. Craig Riedel will introduce legislation next week designed to "rein in the federal government."

“The size and scope of the federal government have long been unsustainable, and we have waited long enough for Congress to fix itself,” the second-term lawmaker told The Advertiser-Tribune.

McClain, R-Upper Sandusky and Riedel, R-Defiance, will propose a constitutional convention take place where like-minded lawmakers from all 50 states would meet and propose, and potentially adopt, changes to the Bill of Rights.

The legislation complies with Article V of the U.S. Constitution, McClain said.

“The road to this end will be long and arduous, but the task at hand is critical to the sustainability of this great Republic that we share.”

McClain serves district 87, which includes Wyandot, Crawford and Morrow counties, as well as portions of Marion and Seneca counties. In the Ohio House of Representatives, he serves on three committees: infrastructure and rural development, ways and means and transportation and public safety.

This is the sixth piece of legislation that McClain has been a primary sponsor of in 2021. None have moved past the House yet.

It would take two-thirds of all states in the country to call a convention, and three-quarters to ratify any proposed amendments. As of now, 15 states have passed a Convention of States resolution — less than half of the necessary number to call it to order.

According to Convention of States Action (COSA), the convention would allow states to discuss proposed amendments to “limit the power and jurisdiction of the federal government, impose fiscal restraints and place term limits on federal officials.”

“The federal government has over time become more and more concentrated in power and authority over the states, and it's grown to a place where something needs to be done about it,” McClain said.

COSA’s website lists 25 states that are considering a Convention of States resolution or legislation for 2021, including Ohio. The first state to pass a resolution was Georgia in 2014, and the most recent was Mississippi in 2019.

All the states that have passed this legislation so far are majority Republican states, but McClain believes the Ohio resolution will be bipartisan.

"I don’t think this is a red state, blue state issue,” McClain said. “I’ve talked to a number of colleagues on the other side of the aisle who support this as well.”

Article V provides two mechanisms for Constitutional amendments to be proposed — through direct congressional action, or through a call from the states for a convention.

If 34 states have all called for a Convention of States regarding the same subject matter, a convention will be called in Congress in which all 50 states send a delegation. Each state delegation receives one vote on each proposition of the Convention.

During the Convention, proposed amendments would only require 26 states to be accepted, but then must be ratified by at least 38 states.

“I support term limits for office members of the U.S. Senate and the U.S. House of Representatives because it holds public officials accountable throughout their political careers,” said Riedel. “This resolution aims to increase the opportunity for competition for new members to bring diverse ideas and experiences to reviewing and amending federal laws while providing a necessary check on the current power of the Legislative Branch.”

Though McClain isn’t sure about the timeline for the passage of the resolution as a whole, he and Riedel plan to spend the rest of this week working with colleagues to put together a strong co-sponsor list. Then, they plan to present the legislation early next week.

“I do think it has a real chance to pass,” McClain said. “We have widespread support in Ohio, and I think we’re at a good place where a large swath of people are open to it.”

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