Why Texans don’t have faith in an Article V Convention

Texas has the independent power, without the advice or consent of any other state, to enforce the 10th Amendment

An Article V Convention won’t work to benefit the People because the same legislators who refuse to enforce the good parts in the current constitution will be the ones to propose new amendments.1787 Constitutional Convention

Did Joe Straus appoint Rep. Phil King to chair the House committee that would oversee 10th Amendment bills because King could be counted on to stall any and all good 10th Amendment action bills? Would Straus be a likely Texas delegate to an Article V Convention? The answer to both questions is a very possible yes.

Rep Phil King is a supporter of Article V Conventions. As chair of the House select committee on State and Federal Power, Rep. King has managed to push his own Article V Convention bill (HB 1110) through his committee but he appears to be stalling any 10th Amendment bills such as HB 98 , HB 165 , and HB 413 that would exercise the 10th Amendment to push back against federal over reach. King’s bill proposes to establish “the authority for the legislature to appoint delegates to a constitutional convention“, prescribing the “qualifications, duties, and limitations” of such delegates. Note that the bill proposes for the Legislature to appoint delegates and limit the number to two delegates. Those delegates will most likely be the Speaker of the House, Lt. Governor, Governor, or Attorney General. It won’t be a liberty minded citizen delegate.

On April Fool’s Day, the House Committee on State & Federal Power managed to vote out 5 silly bills asking Congress to limit their own power, as well as requesting an Article V Convention for a federal balanced budget. This was the committee’s laugh of the day at the expense of Texans’ liberty…

HB 1110  by Chairman King, Phil
Prescribing the qualifications, duties, and limitations of Texas delegates to a constitutional convention called under Article V of the United States Constitution

HJR 78 by Vice-chairman Workman
Applying for Article V Convention to impose fiscal restraints on the federal government

HJR 79 by Vice-chairman Workman
Applying for Article V Convention to provide for a federal balanced budget, except during a national emergency

HCR 54 by Chairman King, Phil
Requesting Congress to propose and submit to the states for ratification an amendment requiring congressional approval be obtained prior to the execution of new federal regulations

HCR 59 by Metcalf
Requesting Congress to propose an amendment to the U.S. Constitution to provide for a balanced federal budget, except during a war declared by congress

We’re over half way through this legislative session and Chairman Phil King’s committee has only managed to bring three 10th Amendment bills up for a committee hearing, and yet those three bills were not voted out of committee along with the five Article V April Fool’s Day bills.  These three good strong 10th Amendment bills are:…

HB 98 (Flynn)
Creating a JOINT LEGISLATIVE COMMITTEE ON NULLIFICATION to review unconstitutional federal actions, rendering such actions unenforceable in Texas

HB 165 (Larson)
Nullifying Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 and Section 1071(a) of the National Defense Authorization Act for Fiscal Year 2014; providing penalties to law enforcement & government employees who violate this Act

HB 413 (Goldman)
Prevents federal laws from violating Texas Constitution relative to the Right to Keep and Bear Arms (prohibits: tax, fee, or stamp on a firearm or accessories; registration or tracking of a firearm or accessories; the possession, ownership, use, or transfer of a firearm, firearm accessory, or firearm ammunition by a law-abiding citizen; confiscation of a firearm, firearm accessory, or firearm ammunition from a law-abiding citizen. The bill also addresses governmental immunity to suit and from liability to be waived and abolished; providing injunctive relief, compensatory damages for pecuniary and nonpecuniary losses, and reasonable attorney’s fees, court costs, and other reasonable expenses required in bringing the action)

These three 10th Amendment bills are straight forward and exercise the Constitution we have now, not asking for more Amendments in an Article V Convention!  Enforce the constitution now, and then see what America looks like before suggesting any amendments.

Texas has the independent power, without the advice or consent of any other state, to enforce the 10th Amendment. Why would any Texan want to dilute the power of the state by joining in with numerous other states, like California, Oregon, Washington, Minnesota, Illinois, Vermont, Maine, Rhode Island, New Jersey, New York, Delaware, or Maryland? Doing so puts the 10th Amendment at risk of being abolished or diluted in power. The same goes for the rest of the Bill of Rights.  Enforce the constitution now, and then see what America looks like before suggesting any amendments.

The fact that this House State & Federal Power committee is intent on keeping the good 10th Amendment bills stuck in committee is the very reason an Article V Convention won’t work for the People.

Phone the members of the House Select Committee on State and Federal Power and Responsibility. Tell them you want HB 98, HB 165, and HB 413 voted out of committee
King, Phil (Chair) 512-463-0738
Workman, Paul (Vice-Chair) 512-463-0652
Anderson, Charles “Doc” 512-463-0135
Clardy, Travis 512-463-0592
Miles, Borris L. 512-463-0518
Parker, Tan 512-463-0688
Walle, Armando 512-463-0924

What will America look like when the Constitution is enforced? Texas has the power to stop federal over reach in Texas – now! It’s called the 10th Amendment.


 House Select Committee on State and Federal Power & Responsibility

This committee shall monitor actions of the federal government, including federal legislation and regulations that require or advise that states take certain actions or pass legislation or the actions of the federal government in providing or failing to provide services to this state. The Committee may assess the economic impact on the state of the federal government actions or inactions. The committee also consider issues related to the federal budget and its impact on Texas. The Committee shall examine unfunded federal mandates and their impact on the state. The Committee shall also consider proposals to amend the United States Constitution.
The committee shall have 7 members.

For a complete list of bills in the House Committee on State and Federal Power, see:
http://www.capitol.state.tx.us/Reports/Report.aspx?ID=committee&LegSess=84R&Code=C460
You can click on the bill # to take you to a page where you can read the bill – the “text” tab at the top

For a complete list of bills in the House Committee on Homeland Security & Public Safety:
http://www.capitol.state.tx.us/Reports/Report.aspx?ID=committee&LegSess=84R&Code=C420
You can click on the bill # to take you to a page where you can read the bill – the “text” tab at the top

For a complete list of bills in the Senate Committee on State Affairs, see:
http://www.capitol.state.tx.us/Reports/Report.aspx?ID=committee&LegSess=84R&Code=C570
You can click on the bill # to take you to a page where you can read the bill – the “text” tab at the top

It is the Legislature’s moral duty to enforce the constitution, especially the Bill of Rights.
An Article V Convention won’t work for the People because the same legislators who ignore the Bill of Rights will be the ones to propose amendments the U.S. Constitution.

1 thought on “Why Texans don’t have faith in an Article V Convention”

  1. ….and Rep. King is the national chair on the board of ALEC, who has been promoting an Article V since the beginning. Seems like a conflict of interest to me.

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