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Minutes for HCR5008 - Committee on Federal and State Affairs
Short Title
Applying to the Congress of the United States to call for a convention of the states for the limited purpose of amending the constitution of the United States to impose fiscal restraints on the federal government.
Minutes Content for Wed, Feb 15, 2023
Chairperson Carpenter opened the hearing on HCR5008. The revisor provided an overview of the bill (Attachment 1).
Chairperson Carpenter recognized Mike Farris as a proponent of HCR5008 (Attachment 2). He stated that the Convention of States called for in this resolution covers three topics: 1) amendments that impose fiscal restraints on the federal government; 2) amendments that limit the power and jurisdiction of the federal government; and 3) amendments that set term limits for federal officials, including or possibly limited to federal judges. Our nation is in desperate need of a re-balancing of power between the federal government and the states. The Article V convention for proposing amendments is the constitutional process designed to address that problem. A question was asked by Representative Houser.
Chairperson Carpenter recognized Ben Terrill who testified in support of HCR5008 (Attachment 3). He stated that the reason he is here is to ask this Committee to exercise its authority because our government is designed for the ambitions of one part to be checked by another part. Our system of shared sovereignty is called federalism. You have a moral responsibility to exercise your authority. Questions were asked by Representatives Sanders and Smith.
John Stepnoski was recognized by the Chair to testify in support of HCR5008 (Attachment 4) (Attachment 4A). He stated that the federal government has exceeded its intended authority as written in the U.S. Constitution. Our country was founded as a Democratic Republic with clear separation of powers. The states created the federal government, not the other way around. Most rights are reserved to the states, but over time those have increasingly been taken away. The Founders foresaw a time when the states would need to have the ability to amend the constitution because the overreach by the federal government was creating the tyranny our forefathers fought so valiantly to stop and made a provision for a convention of states. He would urge the Committee to pass HCR5008. Questions were asked by Representatives Ruiz, Highberger, Sanders, and Houser.
David Copeland testified as a proponent on the bill (Attachment 5). He testified about the potential opportunities of a convention of states, such as preventing packing the Supreme Court, requiring a balanced budget with limits on taxes and spending, and term limits. He stated that failing to ratify an amendment means that we maintain what we have and continue on the current path. If Kansas does not join in this process, it will likely prevent the other states from getting to a convention and guarantee that we continue on the current path. A question was asked by Representative Garber.
Chairperson Carpenter noted that there was written proponent testimony from Gary Burnett, Convention of States (Attachment 6); Angel Cushing (Attachment 7); Tom Harmon, Convention of States Action (Attachment 8); Viola Heskett, Kansans for Constitutional Integrity (Attachment 9); Tim Johnson, Coffey County Commissioners (Attachment 10); Charles Mais (Attachment 11); Carl Nelson (Attachment 12); Barbara Norman (Attachment 13); John and Kim Stauffer (Attachment 14); and Bob Strawder (Attachment 15).
Chairperson Carpenter recognized John Axtell as an opponent to HCR5008 (Attachment 16). He stated that the language of this resolution is not sufficiently precise, leaving the door open to horribly damaging interpretations of these words and the amendments that they would produce. The proposed solutions do not solve the problem. A constitutional convention, even if orderly, will not produce the desired results. Questions were asked by Chairperson Carpenter and Representatives Smith, Humphries, Sanders, and Eplee.
Chairperson Carpenter noted that there was written opponent testimony from Blake Branson (Attachment 17) ; Daniel Chase (Attachment 18); and Robert Wood (Attachment 19).
Chairperson Carpenter closed the hearing on HCR5008. He stated that this bill will be worked next Tuesday, February 21, 2023.
The meeting was adjourned at 10:26 a.m.
