Rep. Nelson Passes Resolution Calling for Convention of States to Propose Constitutional
Amendments Limiting Federal Government
House of Representatives 2019
Purpose of Article V:
Article V allows the states to join other states in applying to Congress, to call a convention of states to consider possible amendments to the Constitution to limit the spending, jurisdiction, and terms of office of the federal government. The purpose of such amendments is to restore “the constitutional equilibrium between the national and state governments,” thereby making the federal government more effective and responsive, strengthening state sovereignty, and preserving the liberties of the people.
BACKGROUND:
Our Constitution established a “compound republic,” dividing power between the national and state governments and separating power among the different branches of government, with checks and balances between each level and branch of government, to prevent concentration and abuse of power and protect individual liberty. Over time, the checks and balances have been weakened and breached, shifting power from the states to the federal government and from Congress to the Executive and the Courts. Congress has exceeded its delegated powers, amassing a national debt of $22 trillion. The Executive branch, through executive orders and administrative regulations, exercises legislative power that reaches into nearly every aspect of our lives. Judicial challenges result in matters of public policy being decided by federal courts.
ARTICLE V REMEDY:
The Founders recognized that the federal government could, over time, become too powerful, and that Congress may fail or refuse to check that power. In Article V, they wisely provided a remedy for the states to convene and pro-pose amendments to check federal power and thereby preserve state sovereignty and individual liberty. When 34 states apply, Congress must call a convention of states to discuss possible amendments.
FIVE LEVELS OF PROTECTION IN THE CONVENTION PROCESS:
1) State resolutions limit the scope of possible amendments.
2) State statutes limit the authority of delegates in proposing amendments.
3) Convention rules limit proposed amendments to the scope of the state resolutions.
4) Proposed amendments must be approved by a majority of states in convention.
5) Approved amendments must be ratified by 38 states.
“The founders clearly intended states to have co-equal status with federal government-and to resist
federal encroachment...Legislators ought to enthusiastically support SJR 9 and not listen to the fear-
mongering conspiracy theorists who damage the cause of conservatism by mistrusting state leaders."
-LaVarr Webb
(Webb, LaVarr: The tug of war between branches and levels of government, Deseret News, Feb. 24, 2019)
Bob Bernick's notebook: Legislature takes a step toward fixing Congress
By: Bob Bernick
(Published March 7 2019, Today at Utah Policy,https://utahpolicy.com/index.php/features/today-at-utah-policy/
19679-bob-bernick-s-notebook-legislature-takes-a-step-toward-fixing-congress)
Sometimes it takes a little bit of luck, and maybe just plain old fatigue.
But, in my opinion, the most important piece of legislation passed by the 2019 Legislature got a little bit of both this week.
SJR9 passed the House – its last hurdle – at 8:25 p.m. Wednesday, March 5.
Mark that time and date.
The bill passed 42-32 in the 75-member body, having barely passed the Senate, 16-12, the week before.
The resolution – it does not go to GOP Gov. Gary Herbert for his approval or veto – officially puts Utah as calling for an Article V constitutional convention of the states.
We all know that the United States Congress doesn’t work – whether controlled by Republicans or Democrats or split parties between House and Senate.
The 100 senators and 425 House members can’t pass a budget. Can’t control the spiraling federal debt, now over $22 trillion.
Because of our campaign funding laws, we keep electing federal congresspeople year after year – getting more and more of the same dysfunction government in Washington, D.C.
The Founding Fathers put a lot of faith in the three federal branches of government, legislative, executive and judicial.
They believed most of the power would be in the legislative – Congress. With the president just carrying out the policy set by legislators, and the courts handling what was perceived then as a rather small part of the judiciary.
But Congress can’t act. Can’t, or won’t, take important votes on major issues – not just the budget, but immigration, western federal land control, term limits and on and on.
So, the U.S. Constitution allows for an out in just the situation the United States finds itself in today – a Congress that can’t correct what is wrong with the federal government via the Constitution.
And now Utah joins the still fledgling “convention of the states” movement.
When 34 state Legislatures agree – and formally join the CofS call – then Congress MUST call for such a convention of all the 50 states – whether the other states want to or not.
Congress won’t control, in any way, the convention. Only delegates picked by the individual state Legislatures will.
Like several of the other 17 states that have called for the convention, Utah’s call, via SJR9, is limited – just for term limits of congressmen and balanced budget matters.
Senate sponsor of SJR9, Senate Majority Leader Evan Vickers, R-Cedar City, took a little humorous liberty and dressed himself before Senate floor debate in a crown and robe of the hundreds of messages he got opposed to his bill.
House sponsor Rep. Merrill Nelson, R-Grantsville, took no such fun.
Long an advocate of an Article V convention, Nelson says he is both surprised and pleased that the resolution that he’s sponsored in the past, did indeed happen this session.
UtahPolicy.com is told that as the evening session last Tuesday went longer and longer – and SJR9 crept closer to the top of the House floor calendar – several backers came to Nelson and said they were tired of getting the same kind of notes from SJR9 opponents that Vickers had draped himself in.
So Nelson made a decision – while he thought he had the 38 votes needed for passage, he would grab the moment, and call for debate and a vote before the weary representatives called it quits for the night.
And so the 2019 Utah Legislature steps into history. A history that, if the Article V convention is ultimately called, and acts on a balanced budget amendment, Utah will have played an important part – way back on an early March night in 2019.
Guiding Principles
Under our Constitution, all government power originates with the people, and government officials are accountable to the people. Government exists to serve and protect the people in their rights. Government functions best when it is limited, transparent, and local -- operating within its proper role, within its means, and closest to the people.
As a state legislator, my priorities are to protect individual rights, to preserve and enforce our Constitution, and to strengthen families. I believe in strong schools and providing our children the best education possible. I will vigorously oppose any effort to encroach upon our private property and water rights. And I will join and lead efforts to restore state sovereignty--to push back against failed federal policies relating to education, health care, energy, and public lands. The people and the states must reassert their proper status under the Constitution as the repository of all non-delegated powers.
As a state legislator, my priorities are to protect individual rights, to preserve and enforce our Constitution, and to strengthen families. I believe in strong schools and providing our children the best education possible. I will vigorously oppose any effort to encroach upon our private property and water rights. And I will join and lead efforts to restore state sovereignty--to push back against failed federal policies relating to education, health care, energy, and public lands. The people and the states must reassert their proper status under the Constitution as the repository of all non-delegated powers.
Profile
Personal
Married to Karen Olpin 36 years; 5 children; 12 grandchildren.
I grew up on a small farm in Grantsville, Tooele County, where I learned the values of hard work, self-reliance, church and community service, and respect for law and good government. Karen and I chose to rear our five children here because we love the rural lifestyle, with small towns and schools where children are not anonymous and may learn shared values. I graduated from BYU in Agricultural Economics and went on to graduate from the BYU Law School. I clerked a year on the Utah Supreme Court and went to work at Kirton McConkie, now the largest law firm in the state. For the past 30+ years, I have practiced constitutional law, representing school districts, hospitals, religious entities, and individuals in protecting their rights and resolving their legal disputes.
Qualifications
Background: Growing up in a large family, I learned the values of independence and hard work. As a youth, I had daily chores of milking the cow and feeding the animals, in addition to responsibility for irrigation and hauling hay. I also had a daily paper route for several years. I was active in school, sports, and church activities. I served a church mission and worked my way through college as a salt plant and construction laborer. We have tried to rear our family with these same rural values, serving in school, church and community activities, and maintaining a small farm on the side.
Professional Experience: Constitutional/appellate lawyer at Kirton McConkie; 30+ years experience in legal issues involving religious and other nonprofit entities, education, healthcare, government, property, insurance, adoption, child protection, and risk management. Lead attorney on Church legal help line, advising clergy, social workers, and educators on a wide variety of legal issues.
Served three years on the Guardian ad litem Oversight Committee appointed by Utah Judicial Council; acting chairman. Member of American Professional Society on the Abuse of Children. Served on Utah Supreme Court Advisory Committee on Appellate Procedure. Author and presenter on constitutional issues; chapter author, "Confronting Pornography." Clerked on Utah Supreme Court. Editor of BYU Law Review.
Legislative Experience
Served in Utah House 1991-92: Vice-chairman of Judiciary Committee; passed life-without-parole sentencing option for convicted killers; extended UTA bus service to Tooele County; supported balanced budgets and protection of individual rights.
Served in Utah House 2013-Present: Vice-chair of House Judiciary Committee; Government Operations Committee; Executive Offices, Courts and Corrections Appropriations Committee; past service on Natural Resources and Public Utilities Committees. Legislation to improve local government budgeting process, to allow judicial review of peace officer discipline, to provide rural representation on UTA Board of Directors, to allocate hazardous waste regulatory fees, to deter theft of lead batteries from farm and construction vehicles, to increase penalty for poaching livestock, to strengthen local industries such as IPP and ATI Metals, and to protect children from sexual predators. Procured funding for Topaz and Wendover Airfield Museums and for J. Reuben Clark Farm. Served on House Special Committee on Marriage Litigation and Legislation; published op-ed providing legal basis for laws favoring traditional marriage; helped draft legislative briefs to Court of Appeals and U.S. Supreme Court supporting traditional marriage. Appointed as Utah delegate to Assembly of State Legislatures and Convention of State Legislators to consider rules and proposals for an Article V Amendment Convention to limit powers of the federal government and restore sovereignty to state governments.
Legislative Priorities: Protect individual freedoms, particularly freedom of religion, property and water rights, and right to bear arms; strengthen and defend education; protect families and children; strengthen state sovereignty against federal encroachments; support free enterprise to foster economic growth; improve transportation and health care in rural Utah; and improve the redistricting and electoral process to ensure fair representation of rural Utah.
Other
Education: BYU Law School (Editor of Law Review); BS in Agricultural Economics at BYU; Grantsville High School.
Public Service: High school community council; youth baseball coach; BSA scout master and committee member; LDS bishop; Project Guatemala Agricultural Program; Spanish LDS mission.
Married to Karen Olpin 36 years; 5 children; 12 grandchildren.
I grew up on a small farm in Grantsville, Tooele County, where I learned the values of hard work, self-reliance, church and community service, and respect for law and good government. Karen and I chose to rear our five children here because we love the rural lifestyle, with small towns and schools where children are not anonymous and may learn shared values. I graduated from BYU in Agricultural Economics and went on to graduate from the BYU Law School. I clerked a year on the Utah Supreme Court and went to work at Kirton McConkie, now the largest law firm in the state. For the past 30+ years, I have practiced constitutional law, representing school districts, hospitals, religious entities, and individuals in protecting their rights and resolving their legal disputes.
Qualifications
Background: Growing up in a large family, I learned the values of independence and hard work. As a youth, I had daily chores of milking the cow and feeding the animals, in addition to responsibility for irrigation and hauling hay. I also had a daily paper route for several years. I was active in school, sports, and church activities. I served a church mission and worked my way through college as a salt plant and construction laborer. We have tried to rear our family with these same rural values, serving in school, church and community activities, and maintaining a small farm on the side.
Professional Experience: Constitutional/appellate lawyer at Kirton McConkie; 30+ years experience in legal issues involving religious and other nonprofit entities, education, healthcare, government, property, insurance, adoption, child protection, and risk management. Lead attorney on Church legal help line, advising clergy, social workers, and educators on a wide variety of legal issues.
Served three years on the Guardian ad litem Oversight Committee appointed by Utah Judicial Council; acting chairman. Member of American Professional Society on the Abuse of Children. Served on Utah Supreme Court Advisory Committee on Appellate Procedure. Author and presenter on constitutional issues; chapter author, "Confronting Pornography." Clerked on Utah Supreme Court. Editor of BYU Law Review.
Legislative Experience
Served in Utah House 1991-92: Vice-chairman of Judiciary Committee; passed life-without-parole sentencing option for convicted killers; extended UTA bus service to Tooele County; supported balanced budgets and protection of individual rights.
Served in Utah House 2013-Present: Vice-chair of House Judiciary Committee; Government Operations Committee; Executive Offices, Courts and Corrections Appropriations Committee; past service on Natural Resources and Public Utilities Committees. Legislation to improve local government budgeting process, to allow judicial review of peace officer discipline, to provide rural representation on UTA Board of Directors, to allocate hazardous waste regulatory fees, to deter theft of lead batteries from farm and construction vehicles, to increase penalty for poaching livestock, to strengthen local industries such as IPP and ATI Metals, and to protect children from sexual predators. Procured funding for Topaz and Wendover Airfield Museums and for J. Reuben Clark Farm. Served on House Special Committee on Marriage Litigation and Legislation; published op-ed providing legal basis for laws favoring traditional marriage; helped draft legislative briefs to Court of Appeals and U.S. Supreme Court supporting traditional marriage. Appointed as Utah delegate to Assembly of State Legislatures and Convention of State Legislators to consider rules and proposals for an Article V Amendment Convention to limit powers of the federal government and restore sovereignty to state governments.
Legislative Priorities: Protect individual freedoms, particularly freedom of religion, property and water rights, and right to bear arms; strengthen and defend education; protect families and children; strengthen state sovereignty against federal encroachments; support free enterprise to foster economic growth; improve transportation and health care in rural Utah; and improve the redistricting and electoral process to ensure fair representation of rural Utah.
Other
Education: BYU Law School (Editor of Law Review); BS in Agricultural Economics at BYU; Grantsville High School.
Public Service: High school community council; youth baseball coach; BSA scout master and committee member; LDS bishop; Project Guatemala Agricultural Program; Spanish LDS mission.
Merrill Nelson
164 South 800 East
Grantsville, UT 84029
801-971-2172
mnelson@le.utah.gov
164 South 800 East
Grantsville, UT 84029
801-971-2172
mnelson@le.utah.gov
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