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Turner’s constitutional amendment catching on

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By Jessica Wehrman, Staff Writer 10:20 PM Sunday, July 5, 2009

It started as a social conversation between U.S. Rep. Mike Turner and two constituents at a reception about a month ago.

Turner and attorney Merle Wilberding were chatting, along with Susan Elliott, an assistant professor and assistant director of the Zimmerman Law Library at the University of Dayton, about the implications of the federal government owning part of General Motors. Turner told the couple that he was concerned that the federal government was “creeping towards socialism,” and suggested that it would take a constitutional amendment to keep the government from further taking ownership or part-ownership of private companies. Statute wouldn’t cut it — Congress could selectively repeal it whenever the federal government wanted to become involved in private enterprise.

The couple took note. Then they went home and went to work.

Over a weekend, they drew up a two-page research document that revealed that eight states — Arkansas, Colorado, Montana, Nebraska, Oregon, Utah, Washington and West Virginia — have constitutional prohibitions against government investment in private corporations. Most came as the result of state government’s decision in the 1820s and 1850s to invest in canals and railroads. At the time, states made those investments thinking they would pay off in dividends. But those investments turned out to be disastrous.

The pair drew up language based on the state constitutional amendments that currently exist, and submitted it to Turner, who submitted the whole package to the House’s legislative counsel for review. The attorneys sent it back with barely a change, and Turner submitted Wilberding and Elliott’s work as his first constitutional amendment.

“It’s great to have a local farm team working on a constitutional amendment,” he said.

Within weeks, Turner was stuck on the floor of the House with his colleagues as the House faced a gauntlet of dozens of votes. He started shopping his amendment around, showing it to Republican colleagues. He received 103 original cosponsors.

Wilberding, who is best known as the attorney for Mary Lauterbach, the mother of slain Marine Maria Lauterbach, said he wonders if the state amendments aren’t instructive in other ways. That the state’s investments “failed miserably,” he said, might be lessons applicable today.

Elliott said she was fascinated to learn about states’ earlier investments in canals and railroads.

“Nothing but good intentions produced those investments,” she said. “They just didn’t turn out well.”

Elliott knows that passing a constitutional amendment is an uphill battle. All 27 constitutional amendments have been ratified after two-thirds of the House and Senate approved them and sent them to the states for a vote. Three-fourths of the states must affirm the amendment for it to pass.

Still, that the amendment has 103 co-sponsors so quickly is heartening.

“It does start a national discussion,” she said.

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Fisherman,

You should be more careful, since it sounds like you're drinking too much, period. Unless you can show that there is some god-given, immutable, and invariable difference between the public and private sectors, you're being non-responsive.

drunken orangetree
12:40 PM, 7/7/2009

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Careful "drunken orange tree". You're sipping too much of the Obama kool aide. You dont know the difference between public and private. I guess Al Gore "invented" the internet too. Mike is stirring the pot with his amendment. We need more of that.

Fisherman
10:45 PM, 7/6/2009

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I'm not surprised that Turner would grandstand like this; he's a politician. I'm disappointed that two apparently educated people--one a college professor--would make such a half-baked argument about government investment in the economy.

The government invested in the interstate transportation system. That didn't work out? The government invested in electrical projects from Tennessee to Oregon. That didn't work out? The government invested in the internet, for crying out loud!

drunken orangetree
9:32 PM, 7/6/2009

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Maybe it won’t get anywhere but I like Turner’s thinking. The country will not survive the way it’s going now. We need leaders who will dare to stand up. Turner’s idea started here in Dayton. Let’s push it!

John J
7:26 PM, 7/6/2009

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JJ ur being shortsighted. The government's got no right to take over companies. This amendment would stop that. Maybe we can't stop Obama from bailing out poorly run businesses but we can stop our hard earned tax dollars from being wasted buying them up. The story makes clear gov investing in private business is a disaster for taxpayers. One battle at a time. Turner is doing the right thing.

Frank
7:04 PM, 7/6/2009

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