Thanks to Sophie Cocke for the update in today’s Honolulu Star-Advertiser on HCR 50, a resolution now pending in the State Senate that would put Hawaii on record favoring a “limited-purpose” federal constitutional convention to “restore free and fair elections.”

The idea of rolling back the U.S. Supreme Court’s ruling in the case of Citizens United, which gave corporations the same rights as individuals to throw money behind candidates and issues in elections, is certainly appealing.

The problem, as pointed out in testimony offered by the state’s Attorney General, is that it is legally unclear whether a constitutional convention can be contained to a limited subject, as called for in this resolution.

“…[M]ost importantly, it is not known whether an Article V convention can be limited to one topic or must be a general convention, which could hypothetically propose amendments for any provision of the federal constitution, or propose a totally novel amendment unrelated to existing constitutional provisions.

I was stunned by a statement by Sen. Karl Rhoads, quoted in Cocke’s story.

“If we don’t do anything we take a risk; if we do something we take a risk,” Rhoads is quoted as saying. “But I’m looking for the downside risk, and I don’t know if I see it.”

Apparently Senator Rhoads hasn’t noticed all the downside risk we’re experiencing these days, with Congressional district gerrymandering, voter intimidation and suppression, a federal attorney general who doesn’t think its right for courts to hold presidential power in check, ethics laws ignored, and rights being eroded, not to mention that pesky Russian interference.

We have everything to lose, and that’s very real downside risk, whether Rhoads wants to admit it or not.

As Common Cause Hawaii noted in its testimony: “Simply put, a Constitutional Convention would create an unpredictable Pandora’s Box. There is far too much at stake to risk putting the entire Constitution up for a wholesale re-write as part of a Constitutional Convention.”

You can find recent testimony on this bill by going to its status page, and clicking on links to testimony on the right side of the page.

Update: The reso has been quietly recommitted to committee. This appears to mean that it is dead for this year, at least.