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OCR Page 1 of 81/13 HARUCD- F-Y-1
THE WHITE HOUSE
WASHINGTON
December 28, 1994
MR. PRESIDENT:
Attached is a Mikva/Neuwirth memo on dangers implicit in the
1995 "conference of states" being organized under the
leadership of Governors Leavitt (Utah) and Nelson (Nebraska).
The conference is to consider constitutional amendments (e.g.,
balanced budget) and changes to federal laws and regulations.
The conference of states should have no standing to propose
constitutional amendments for state ratification since the
conference would conform to neither of the two procedures
stipulated in the Constitution for proposing amendments.
However, Ab and Steve are concerned that, if states pass
statutes authorizing representatives to participate (such statutes
are being contemplated), Congress could (i) deem the statutes to
be a request for a constitutional convention, and (ii) authorize
the conference to act as a constitutional convention. In the end,
the courts would probably deem such congressional action
invalid. But it would be very undesirable to have momentum
built up for popular amendments recommended by the
conference and sent (by Congress) to the states for ratification.
Consequently, Ab and Steve recommend steps (i) underscoring
the Administration's commitment to the specific amendment
procedures set forth in the Constitution; (ii) emphasizing to state
officials and the public the danger of enacting state statutes
authorizing the conference; and (iii) persuading Members of
Congress that state statutes authorizing the conference would not
satisfy the requirements for amending the Constitution.
Todd Stern
CC: UP
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