Opinion: Should Kansas have a constitutional convention?

Now that the Legislature is on its traditional “spring break” before coming back to deal with all the remaining business in the last few days of the session, it is worth taking a moment to review what has been done so far this year. As I look at the Legislature’s work over the past weeks, it seems to me that it has been a mixture of extremely significant legislation as well as a number of things that might have well been left undone.

Honestly, I am less concerned with some of the less significant — at times even strange — bills that get introduced every session, even though the Legislature might well spend its precious time on more important matters. What concerns me is that I think it is absolutely undeniable that we are in a period of major transformation in both the political and legal situation in Kansas, a transformation that is moving ahead on virtually all fronts. One need only look at the changes in education, human services, the structure of the court system, and anti-discrimination laws, to name just a few areas, to recognize that we are in a period of rapid and, I think, revolutionary change. It is change that is coming about through executive order and legislation.

I wonder whether such significant changes should, in fact, come about not through our elected representative, but, rather, through the vote of the entire citizenry of Kansas in the form of constitutional changes. Indeed, perhaps, the time has come for Kansas to have a constitutional convention and a new constitution adopted by popular vote.

My suggestion that we need to have all Kansans vote directly on many of the issues that are now being decided by the Legislature comes from two different concerns. My first concern is that many of the changes that the Legislature is making are so important and the issues so fundamental, that I think every Kansas resident should have a direct vote in deciding them.

I cannot predict the results of such votes. What the Legislature is doing might well be affirmed by popular votes. Or it might not. But I believe that when one is dealing with basic rights — education, the court system, human services, civil rights — these are so important that every resident should be discussing them in open debate and every citizen should take on the responsibility of voting on them.

My second reason for suggesting constitutional revision and popular vote is that I am concerned about the level of discussion on these key issues before the Legislature actually votes on them. It seems to me that a few hours or even a few days of hearings and often perfunctory debate on fundamental issues is not enough. Given how our Legislature functions and the time limits set upon each legislative session, it is simply not possible to have the type and length of debates many of the issues being decided warrant.

A new constitutional convention coupled with a popular vote would not suffer such limitations. Indeed, a new constitutional convention might well raise awareness of the importance of many of these issues and stimulate greater voter participation.

While my suggestion that we have a new constitutional convention is somewhat radical, it is not without precedent. Indeed, it is noteworthy that a number of members of the Kansas Legislature have called for a federal constitutional convention. Should we not also have one at the state level?