South Carolina Senate Republican Caucus

By Yvonne Wenger (Contact)
The Post and Courier
Friday, October 5, 2007

McConnell: Deport illegal immigrants

COLUMBIA — Senate President Pro Tem Glenn McConnell is calling for a national constitutional convention that would give states the right to deny benefits to illegal immigrants and have them forced out of the country.

It is an unprecedented move that would first require approval by the S.C. Legislature, then 33 other states would have to sign on, and 38 would be needed to approve a constitutional amendment.

“I don’t know where else to go,” McConnell, R-Charleston, said Thursday. “It’s really an act of frustration. The state is bearing the burden because of the power failure in Washington.

“The constitutional amendment would say that if Congress continues to refuse to act, then states would have the ability to act in order to protect themselves and their pocketbooks.”

Tensions have risen across the country following the introduction and failure of national proposals aimed at reforming illegal immigration. States have introduced about 1,500 bills this year intended to address the situation, including about 20 filed in South Carolina that didn’t pass.

A state Senate task force is studying immigration-reform measures, but the earliest the Legislature could act is January, unless lawmakers are called back under special circumstances.

Immigration advocates have frowned on states acting independently because of the complexity of the issue and the potential to violate constitutional rights.

Still, more than 170 bills did become law in other states, which serves as evidence of the frustration, said Sheri Steisel, a federal affairs counselor and senior director with the National Conference of State Legislatures.

Steisel, who tracks immigration laws on a daily basis, said this is the only call for a constitutional convention that she knows of. The last constitutional convention was held in 1787 in Philadelphia, according to several officials.

It’s likely that other states would follow South Carolina if the Legislature passes McConnell’s resolution, said University of South Carolina political scientist Blease Graham.

“I think it’s path-breaking,” he said. “It’s a good illustration of the tension, hopefully the creative tension, between the national government and the states.”

Graham said there may be some detractors who would write off such a proposal as radical Southern politics, noting that South Carolina has been at the forefront of celebrated and infamous movements in the past.

“After the first dismissals, the idea might really resonate and take root,” Graham said. “I think this strikes a cord.”

State House Speaker Bobby Harrell, R-Charleston, said he supports McConnell and believes the resolution will gain support in the House.

“All of us on a state level are trying to figure how to handle this issue basically with our hands tied,” Harrell said. “I think it will go through the General Assembly fairly quickly.”

Immigration issues hit home in South Carolina in part because of the unemployment rate, which is one of the highest in the country, Harrell said. Some of the jobs given to illegal immigrants could go to state workers, although in some cases employers would have to pay higher salaries, he said.

Jack Bass, a professor of humanities and social sciences at the College of Charleston who is familiar with South Carolina history and politics, said he believes the proposal is intended to invoke discussion more than anything else, especially given the difficulty in convening a constitutional convention.

While McConnell said he views illegal immigration as a danger to the country and a drain on South Carolina’s resources, Bass contends that most Spanish-speaking residents, whether legal or not, contribute significantly to the revenue base and provide a skilled workforce.

“For the state to intrude into the law enforcement role of the federal government seems a radical step in transforming the role of federalism in our country,” Bass said. “Senator McConnell’s proposal reflects a very creative mind.”

Calling a constitutional convention
Senate President Pro Tem Glenn McConnell, R-Charleston, issued a call Thursday for a national constitutional convention as a way for states to gain authority to enforce federal immigration laws.

The call for a constitutional convention, allowable under Article V of the Constitution, is rare. The last one to gain traction of any sort was about 20 years ago concerning a balanced budget.

McConnell will need to overcome several hurdles before the Constitution could be amended:

–The state Legislature must formally petition Congress to convene the convention.

–33 other states also would have to make the call.

–38 states would need to agree to approve an amendment.

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