SJR 18-FEDERAL CONSTITUTIONAL CONVENTION  10:02:31 AM CHAIR DYSON announced that the committee will take up SJR 18. 10:04:29 AM TYLER BELK, Staff, Senator Dyson, Alaska State Legislature, Juneau, Alaska, inferred that the committee was addressing a resolution that looks at one of the great documents in human history, the United States Constitution. He said the Convention of States (COS) is a means to examine and amend the Constitution without putting the document's entirety and integrity at risk. He asserted that COS is a great opportunity to operate without ramification and the possibilities are endless. He pointed out that COS is non-partisan and topic-based. He said the "will of the time" will determine what is covered in the COS. He set forth that a COS will be a monumental occasion in United States history that looks at something that essentially binds the country. 10:06:01 AM CHAIR DYSON stated that it is often very difficult for change to come from any bureaucracy and the process often takes some outside action to overcome the institutional inertia. He said it appears to him that the Founding Fathers recognized the bureaucratic process and wanted to have a way for the citizens to initiate and affect the possibility to change the Constitution. He pointed out that SJR 18 is a first step to get Alaska in the queue of states that are considering calling for a COS and there will be several steps pertaining to rules, delegation selection, delegation discipline, topic limitations, topic agreement, and COS ratification by two thirds of the states prior to going on a ballot. He set forth that the COS is a very complicated process. He pointed out that the individuals working on the COS have been very careful about the process and noted that most objections have been dealt with in a credible way. 10:07:54 AM ROBERT KELLY, Staff Council, Convention of States Project, Citizens for Self-Governance, Purcellville, Virginia. CHAIR DYSON asked if there were three or four groups across the nation that are working somewhat in parallel on COS. He asked if Mr. Kelly to specify what his organization does. 10:08:31 AM MR. KELLY replied that he represents Citizens for Self- Governance and the organization sponsors the Convention of States Project (COSP). He said COSP is arguing for an Article V Convention that specifies a particular set of topics for the COS to cover. He said there are three different approaches from a legislative standpoint on how an Article V Convention can be run: 1. COS could be run as an unlimited convention, effectively allowing the COS to consider any sort of issue determined to be in the best interest of the American people. He pointed out that an unlimited COS is not the best approach because the COS needs guidance and limitations to ensure the process stays within proper Constitutional boundaries. 2. Set out a specific topic or set of topics, allowing the COS some discretion to consider exactly how to propose solutions and word amendments; however, it also keeps it closely within certain boundaries and that's the approach COSP is taking. 3. Hold the COS to propose specific amendments and layout in advance the amendments that the COS can propose; that really limits the discretion of the COS. He reiterated that COSP's approach in SJR 18 is in the middle realm by setting out a set of topics that the COS has to adhere to, but allows the COS some discretion to propose a number of amendments within those topics. He explained that the topics in in SJR 18 are: 1. Place fiscal restraints on the federal government. 2. Limit the power and jurisdiction of the federal government. 3. Impose term limits on federal officials and members of congress. MR. KELLY said COSP believes the use of set-topics is the best approach because COS will have the ability to address the problem of federal overreach as a whole and allow for a "holistic" solution to massive imbalance of power in the federal government; a COS limited to a single isolated amendment cannot do that. He explained that COSP likes the idea of a balanced budget amendment, but passing one in the current federal political climate is likely to result in a massive tax hike. He set forth that COSP believes a better approach is to allow the COS to consider the problem as a whole, to consider it as a topic, and to allow the COS to formulate exactly what amendments will address a problem; for example, federal overreach. He noted that the topic-based approach was the approach the Founding Fathers used for the vast majority of the 32 conventions that they held in the years leading up to the adoption of the Constitution. 10:11:33 AM SENATOR WIELECHOWSKI noting seeing some commentary from law professors that there is some question as to whether or not a COS could be limited to specific items in the resolution; in other words, once you got there, anything would be opened. He asked if there was legal precedent that would address the concerns the anything would be opened. MR. KELLY replied that the Supreme Court has never had an opportunity to address the legal question that Senator Wielechowski presented for an Article V Convention. He pointed out that there is an extensive set of historical practice, both by the Founding Fathers and by Americans since the founding. The Founding Fathers themselves held at least 32 conventions themselves in the 100 years leading up to the adoption of the Constitution. He noted having records of at least four conventions since the founding. He said in the vast majority of the conventions, the Founding Fathers and the individuals who held conventions after the founding, a specific topic for the COS had been set out to consider and that was the backdrop against which the Founding Fathers were adding the provision to the Constitution and the Founding Fathers limited their COS to specific topics and stayed within boundaries. He asserted that from a historical record that it is clear that an Article V Convention could also be limited within specific topics. CHAIR DYSON announced that SJR 18 will be held in committee and asked that Mr. Kelly call back to testify at the next meeting. MR. KELLY confirmed that he will be available for the next hearing for SJR 18. 10:14:10 AM ZABRINA BYFUGLIEN, Student, Tri-Valley High School, Healy, Alaska, stated that she supports SJR 18 and the COS in order to address federal overreach. 10:16:46 AM MADISON OWEN, Student, Tri-Valley High School, Healy, Alaska, stated that she supports SJR 18 and noted that the COS is not a partisan issue and ultimately returns the Constitution to the Founding Father's original intentions. 10:19:23 AM ISABELLA SAXE, Student, Tri-Valley High School, Healy, Alaska, said she supports SJR 18 due to the federal government overstepping its bounds. She addressed fears for a "runaway" COS and noted that checks are in place to prevent a runaway scenario. 10:22:25 AM NICOLE MCMASTER, Student, Tri-Valley High School, Healy, Alaska, said she supports SJR 18 due to the federal government's overreach and continued debt spending. 10:24:50 AM CHAIR DYSON commended the students for their testimony. He noted that his staff member that presented SJR 18 is an intern and encouraged the Healy students to pursue their interests in government. SENATOR GIESSEL thanked the students for their testimony and noted her appreciation for their knowledge of American history and critical thinking skills. She remarked that the students' testimony provide her with hope for the next generation. 10:26:31 AM DAVID EICHLER, State Director, Convention of States Project, North Pole, Alaska, said he supports SJR 18 and its intent to enact limitations on the federal government. CHAIR DYSON remarked that the process for a COS is going to be a long fight. He surmised that the process to have a COS will take three years or longer. He encouraged volunteers like Mr. Eichler to continue their commitment for a COS and not to quit. SENATOR COGHILL noted the case brought forward by the Healy students was articulate and emphasized the need for SJR 18 to keep pressure on the federal government to have a discussion on having a COS to deal with the national debt. He remarked that the students pointed out that they already owed for a debt that had been left to them and future generations. 10:29:07 AM CHAIR DYSON announced that the committee will reconvene [SJR 18 was held until the next committee meeting.]