MAY DAY! REPRESENTATIVES DEBATE HOUSE BILL 800: the CON CON CON
May 1, 2024: a bloodless, corporate coup will be considered on the House floor
House Bill 800 (Rep. Beaullieu) will be debated on the House floor today, May 1st, 2024. If you’ve been paying attention to this bill, then you are likely aware of its worrisome implications. If you have not been paying attention, please do so now. HB 800 “provides for calling a limited constitutional convention.”
What’s a constitutional convention? It’s a procedure to adopt a new constitution.
Granted, the Louisiana state constitution is a tragic mess. It’s embedded with unjust policies that enrich the petrochemical industry and impoverish the people of Louisiana. (How else can the petrochemical industry poison us while they profit?) However, there’s little promise this particular convention will produce a constitution that will improve upon the current one.
The last constitutional convention was held in 1974. Voters elected individuals, apart from their elected legislators, to represent them in the convention. The convention delegates spent more than a year deliberating and drafting a new constitution. Then the new constitution had to be approved by the voters.
House Bill 800 proposes convening a constitutional convention with a much different makeup and timeline.
The delegates would be comprised of the 105 members of the House of Representatives, the 39 members of the Senate, and 27 individuals appointed by the governor rather than elected by the people.
They would convene on May 20th, less than three weeks away and during the current regular legislative session. The delegates are expected to complete the process by June 3rd, the last day of the regular session. They may only extend the process with a vote of the delegates and they may only extend until July 15th, less than two months after the first day.1
Oh, and the members of the convention’s executive committee may request support “from any public or private sources the committee deems necessary.”2 (I wonder who those private sources might be and how their support might influence the final draft of the proposed constitution.)
This is not a democratic governance structure. This is not a democratic process. For one, the only way such a convention could produce a new constitution within two weeks to two months is if one has already been drafted and a majority of the delegates are prepared to ram it through this process.
And why is that likely to occur?
It’s not just the makeup of the convention—the 105 representatives, the 39 senators, the 27 unelected individuals. It’s the manner in which their power is apportioned. Each body votes separately. The proposed constitution must be approved with a simple majority vote by each body.3 Quick reminder that the Republicans currently have a super majority in both the House and the Senate. But even if they didn’t, this organization and vote apportionment is still deeply troubling. It essentially breaks down like this:
105 members of the House of Representatives = 1 vote
39 members of the Senate = 1 vote
27 delegates appointed by the governor = 1 vote
In which group will a delegate’s vote carry the most weight?
That’s right. The votes of the unelected delegates carry the most weight.
Are the unelected delegates independent? Are they committed to representing the best interests of the people and working for the common good? Not a majority of the delegates in this group.4 It does include a number of public officials. Many if not all, depending upon whom you talk to, are regarded as being aligned with business and industry. Some are lobbyists. At least one is a wealthy donor to Governor Landry’s campaign. In other words, if they are not among the wealthy and powerful, then they are likely beholden to the wealthy and powerful.
Wealth may afford some an air of respectability, but let’s be clear: it is not respectable to rig a governance structure so that the rich and powerful can effectively dictate the outcome of a constitutional convention. And that is what has been done.
Ultimately, the voters in Louisiana will have an opportunity to accept or reject the new constitution if the convention produces one. However, voters need reliable information and balanced coverage from a variety of viewpoints in order to make an informed decision. That’s not typically provided by our local news outlets so even the ballot box offers little hope.
If any of this concerns you, I strongly encourage to reach out to your legislators. And talk to your friends and family. Here are some floor notes I hope to send. Feel free to use any or all of them.
PLEASE OPPOSE HB 800: THE CON CON CON
There is nothing democratic about the proposed constitutional convention.
With time limited from 2 weeks to 2 months, there will be no genuine exchange of ideas or discussion.
With the convention running concurrently with the regular session, legislators will be hard-pressed to meaningfully participate or dissent.
With 1/3 of the vote assigned to a group comprised of unelected delegates, it’s impossible to characterize this proposed convention as genuinely democratic.
This is not a constitutional convention. This is a bloodless corporate coup.
Democracy is worth fighting for--and this might be one time you can fight for it by simply taking a walk.
‘WELL, DOCTOR, WHAT HAVE WE GOT, A REPUBLIC OR A PLUTOCRACY?’
VOTE FOR A REPUBLIC.
VOTE NO ON HB 800
HB 800, Amendment #3701: "No action shall be taken by the convention without the favorable vote of at least a majority of the legislative delegates from the House of Representatives present and voting, a majority of the legislative delegates from the Senate present and voting, and a majority of the delegates appointed by the governor present and voting, each group of delegates voting separately, a quorum of the convention being present."
105 members of the House of Representatives = 1 vote
39 members of the Senate = 1 vote
27 delegates appointed by the governor = 1 vote
In which group will a delegate’s vote carry the most weight?
That’s right. The votes of the unelected delegates carry the most weight.
Wealth may afford some an air of respectability, but let’s be clear: It is not respectable to rig a governance structure so that the rich and powerful can effectively dictate the outcome of a constitutional convention.
Please vote NO on HB 800
PLEASE OPPOSE HB 800
“Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.” --Frederick Douglass
No need for words or blows. Just take a walk
House Bill 800, Section 10. Submission of proposed constitution; election. (A) Upon completion of its work, and not later than June 3, 2024, and subject to the limitations provided in Section 4 of this Act, the convention shall submit a proposed draft of a new constitution for the state to the governor. If and only if the convention is unable to complete a proposed draft of a new constitution by June 3, 2024, the convention may vote to extend the deadline to complete a proposed draft of a new constitution. However, in order to achieve the timely submittal of the proposal to the people at the congressional primary election, under no circumstances may the deadline be extended beyond July 15, 2024.
House Bill 800, Section 7(2): In addition, as soon as possible after the members of the executive committee are selected, the executive committee shall request the provision of professional, research, technical, and clerical employees from any public or private sources the committee deems necessary to accomplish the work of the convention.
HB 800, Amendment #3701: No action shall be taken by the convention without the favorable vote of at least a majority of the legislative delegates from the House of Representatives present and voting, a majority of the legislative delegates from the Senate present and voting, and a majority of the delegates appointed by the governor present and voting, each group of delegates voting separately, a quorum of the convention being present.
LaRose, Greg. “Gov. Landry picks delegates for constitutional convention,” 12 April 2024. The Louisiana Illuminator. https://lailluminator.com/2024/04/12/landry-picks-delegates-for-constitutional-convention/
I emailed legislators about this bill. Do you know the outcome from yesterday’s vote?
Thanks so much for sharing.