Which is worse, a career politician or an entrenched federal bureaucrat?
Two Senate Joint Resolutions divided Wyoming legislators this week over this question, with some claiming it’s high time to invoke Article V of the U.S. Constitution and call a convention for adopting term limits for those serving in U.S. Congress.
The Wyoming Senate Judiciary Committee didn’t agree, rejecting Senate Joint Resolution 5 on Tuesday by a 3-2 vote. The resolution called for a constitutional convention of states and would have placed Wyoming alongside 21 other states envisioning some future gathering where term limits could happen, as well as reining in other areas of government overreach.
Those in favor of term limits cast career politicians as “imperial” villains, while those opposed to the limits singled out “partisan, unelected bureaucrats” as the real problem.
While SJ 5 died in committee, a similar resolution — Senate Joint Resolution 1 — passed out of the Senate on Tuesday on a 22-7 vote.
This resolution calls for a convention of states to take on "improper and imprudent spending" by the U.S. Congress. Supporters of SJ 1 insist this has led to a "crushing national debt" and unfunded federal mandates.
Language in the resolution includes the assertion that, “The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates.”
SJ 1 goes on to demand that, “Congress shall call an amendment convention of the states.”
Now SJ 1 moves on to the Wyoming House of Representatives, and if it passes, it will carry Wyoming further into a national debate over whether or not state legislatures have the power to tell Congress what to do.
A convention of states happens if the legislatures of two-thirds of U.S. states vote to convene one, which now would be 38.
Why A Resolution?
The national constitutional convention movement — and groups like Convention of States Action — continue to lobby state legislatures and encourage legislators to view themselves as "guardians of liberty against future abuses of power by the federal government,” according to language in SJ 5.
On Tuesday, Constantin Querard, western regional director with the group U.S. Term Limits, talked up the virtues of state citizen legislatures.
“You guys are part-time. You live in your communities. You're accessible to your constituents,” Querard told the Senate Judiciary Committee. “It doesn't take millions of dollars to run for state office. Your elections work as they're intended. Voters can make meaningful choices in a state like Wyoming.
“Your accountability and responsiveness to them reflects that. Compare that to Congress's lack of responsibility and lack of accountability. Congress is today an imperial power that rules without really true consent.”
Querard said without term limits, voters don’t get a true choice because incumbents become so entrenched.
“Voters want real choices,” said Querard. “But right now they're dining at a restaurant that's just got one thing on the menu and being told they can order whatever they want.”
Policy Advocacy Director Kelly Carpenter with the Wyoming Farm Bureau Federation also spoke in favor of term limits.
“We don't believe somebody should be allowed to be in congressional seats for a vast majority of their lifetime,” Carpenter told the committee.
Don’t Take The Bait
It’s not the politicians, former Wyoming House Representative Marti Halverson, R-Etna, said in her comments to the Senate Judiciary Committee on Tuesday.
Halverson said she opposed SJ 5 because it did nothing to take on the “crony capitalist contractor consultants.” They are the real problem, said Halverson during her spirited testimony over Zoom.
“They are long serving, unelected, powerful, highly paid special interest lobbyists who write the bills for the long serving unelected partisan congressional committee staffers,” she said. “What amendment or amendments could a convention possibly bring to fix all of this?”
Also testifying over Zoom was Eldon Stahl of Evanston, who offered a history lesson about past efforts to prod Congress into calling a constitutional convention.
Passing these resolutions is not “a reliable tactic,” said Stahl, when trying to amend the U.S. Constitution.
“Here we have a prime example of the marketing of these resolutions. It's the same hook but different bait. This time it's term limits,” said Stahl, who ran through a list of past constitutional amendments from the Bill of Rights to repealing prohibition.
“The record of history doesn't support their talking-point that this is going to be good. That this is going to trigger Congress into proposing this convention,” said Stahl.
Joey Correnti with Rural Wyoming Matters also spoke in opposition to SJ 5, telling the Senate Judiciary Committee, “I don't see anything in the Constitution that currently says ‘term limits.’”
Correnti rejected the idea that we need term limits to make it easier for a variety of new candidates to get elected.
“It’s not supposed to be fun, easy or cheap,” said Correnti. “It’s supposed to be hard defending liberty and representing people should be the hardest thing anybody does.”
Joey Correnti with Rural Wyoming Matters told the Senate Judiciary Committee he didn’t buy the argument that those serving in the U.S. Congress need to be term-limited to make it easier for new candidates to get elected. “It’s supposed to be hard defending liberty,” said Correnti. (Matt Idler for Cowboy State Daily) 
Joey Correnti with Rural Wyoming Matters told the Senate Judiciary Committee he didn’t buy the argument that those serving in the U.S. Congress need to be term-limited to make it easier for new candidates to get elected. “It’s supposed to be hard defending liberty,” said Correnti. (Matt Idler for Cowboy State Daily)
SJ 1 Still Lives
While talk of term limits fades with the defeat of SJ 5 in committee, federal spending and unfunded mandates will remain up for debate as the Wyoming House takes up SJ 1.
Sen. Cal Case, R-Lander, voted for SJ 1 and confirmed it is part of the national convention of states movement.
“They have been here several times,” Case told Cowboy State Daily. “They seem to have more support this year.”
That’s worrisome to the advocacy group Common Cause, which tracks the convention of states movement.
Viki Harrison, director of state operations for Common Cause, told Cowboy State Daily on Wednesday that, “Calling for a constitutional convention is reckless and dangerous. There is a reason that Wyoming has rejected this idea over the last several years.
“Legislators on both sides of the aisle know that opening up the Constitution in an era of political unrest is a terrible idea.”
“The slew” of resolutions introduced each year in Wyoming, said Harrison, remain “opposed by both Republicans and Democrats — as both parties know the inherent risks.”
Roll Call
Senate Joint Resolution 5, died in the Senate Judiciary Committee. Voting for it were Sens. Barry Crago, R-Buffalo, and John Kolb, R-Rock Springs. Voting nay were Sens. Gary Crum, R-Laramie; Larry Hicks, R-Baggs; and Jared Olsen, R-Cheyenne.
Senate Joint Resolution 1 advanced out of the Senate with an affirming vote of 22-7. Voting nay were Sens. Jim Anderson, R-Casper; Dan Dockstader, R-Afton; Lynn Hutchings, R-Cheyenne; Bob Ide, R-Casper; Laura Pearson, R-Kemmerer; Chris Rothfuss, D-Laramie; and Charles Scott, R-Casper.
David Madison can be reached at david@cowboystatedaily.com.
