SB21 Update: Convention of States Senate Vote Tuesday, February 28th

In addition to facilitating mass deportations and terrorizing hard-working immigrant families, another one of the “emergency items” that Governor Greg Abbott has pressured GOP loyalists in the legislature to fast-track to approval is that of adding Texas’ name to the roll call for a “Convention of the States”; recall that Article V Conventions are one of the mechanisms whereby the Constitution may be amended.  And on Tuesday, the upper chamber of the Texas Legislature is expected to approve Senate Joint Resolution 2 and Senate Bill 21 and send them to the House.

38 of the 50 states’ legislatures would be required to call such a Convention, and it’s important to note that in U.S. history, every single state except Hawaii has applied for an Article V Convention at one point or another. There’s no official count, but one private estimate has the count at somewhere around 700 attempts.

The author of the bill is State Sen. Brian Birdwell, a Granbury Republican; that’s US Congressional District 11 for those of you keeping track at home. (There’s no Indivisible chapter for District 11–yet.) In an interview in today’s Houston Chronicle, Birdwell defended the resolution by saying:

“I believe we’re at the precipice of history that we’ve not seen before. For years, we have watched the executive, judicial and legislative branches usurp more and more power from the states, issuing dictates that become de facto law.”

Before the Trump era, Greg Abbott and the Texan far-right used the perception of federal over-reach to rally the far-right against their perceived foe, President Obama. Now that their agenda aligns perfectly with Trump’s, why vote to have the Convention of States? When pressed on the issue, Abbott said it’s because “term limits.” We are extremely skeptical.

In other words, this could give Trump the power to amend the Constitution. That would be very, very bad.

(Editor’s note: Our initial characterization of Article V was inaccurate–if a Convention were called, Trump would have no official say, since 3/4 of the 38 voting members would have to vote for a Constitutional amendment to be made, and it would be the state legislature reps doing the amending. Nevertheless, call your reps anyway. As we’ve pointed out before, Abbott and the Texas Legislature are looking to outdo even the brazen stupidity and ignorance of the Trump administration. A Convention of States would give them that platform.)

In normal times, maybe we would probably just dismiss this as another crackpot scheme to grab headlines and stir up the base. These are not normal times.

Use this tool, call your State Senators and Reps, and just make sure they oppose Senate Bill 21 and Senate Joint Resolution 2.


UPDATE, February 28th: 

The Texas Senate gave its initial approval to a call for a Convention of States to consider amendments to the U.S. Constitution by a 20 to 11 vote on Senate Joint Resolution 2  today and this is now headed to the House.

The Senate also agreed to impose a state jail penalty on a legislator who violates his or her oath as a delegate to a potential national Convention of States to amend the U.S. Constitution.

We’ll keep monitoring it and are working on an automated tool that tracks the status of bills in the Texas legislature.

In the mean time, use this tool, call your State Representatives, and voice your opposition to Senate Bill 21 and Senate Joint Resolution 2.

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