FRANKFORT, Ky. (LEX 18) — Florida Governor Ron DeSantis urged Kentucky lawmakers on Wednesday to join the constitutional convention effort aimed at requiring a balanced federal budget. While the effort is focused on national debt, critics worry the process could open the entire Constitution to potentially dangerous revisions.
DeSantis spoke directly to Kentucky lawmakers on Wednesday, encouraging them to pass House Concurrent Resolution 45. The resolution makes a formal application to Congress, under Article V of the U.S. Constitution, for a constitutional convention to add a balanced federal budget requirement to the supreme law of the United States.
Article V of the Constitution requires Congress to call a convention to propose and pass amendments if two-thirds of states request one. This type of convention has never happened in U.S. history. It would require 34 states to request one and the balanced budget proposal has stalled at 28 states.
"I think Kentucky would be a great, great candidate to join the movement to prevent Congress from bankrupting this country," DeSantis told Kentucky lawmakers.
The Florida governor said this effort stems from frustration that Congress refuses to stop overspending and increasing the national debt. He believes Congress will only pass balanced budgets if it constitutionally required to do so, making a convention a valid constitutional defense by the states.
"Banding together to propose a change when Congress is not willing to do the right thing. That's what the founding fathers envisioned," DeSantis said.
However, legal experts across the country have raised concerns about this approach. They worry this method could open the door to other major constitutional changes, such as limiting who can be a U.S. citizen, increasing presidential term limits, or any other constitutional rewrite.
When LEX 18 asked DeSantis how he could ensure Kentuckians that this method doesn't open the entire Constitution to revision, he emphasized the built-in safeguards.
"An Article V convention cannot change the constitution. It's simply one mechanism of proposing. Congress can propose with two-thirds. The states can propose with two-thirds. Ultimately, any actual change for the constitution requires ratification of three-quarters of the states - 38 states," DeSantis said.
DeSantis believes the existing safeguards would prevent a runaway constitutional rewrite. He also noted that states can add further protections like creating faithful delegate laws and limiting the scope of what their delegates can do at the convention.
However, some Kentucky lawmakers worry those additional safeguards won't hold up because they're not actually listed in the U.S. Constitution.
"I love the idea that we can say faithful delegates coming up. I love that we can say a single issue. The constitution doesn't say that. It says all intents and purposes. I am not willing to put the risk of our entire country, our entire way of government at risk over that clause right there," said Rep. Anne Gay Donworth, a Democrat from Lexington.
"If we're meant to have a balanced budget, it is up to Congress. We cannot do that at risk of putting our entire democracy, our entire republic, at risk here," Donworth added. "So, I urge all of my colleagues to not move forward with this, while I also urge Congress to look at passing a balanced budget."
Supporters of the amendment believe the convention method will put pressure on Congress to propose the amendment directly.
Loren Enns, who leads the national campaign for a balanced budget amendment, believes that pressure will eventually lead Congress to propose the amendment because they will want to control the language of the amendment.
"Every time the states get close to doing that, Congress shows up with a proposed amendment in hand because they want to control the amendment draft," said Enns. "If you control the language in the drafting of an amendment, you control its true power. And Congress does not want to give that up to the states."
