Vanity: Pass a Constitutional Amendment!

The Constitutional | March 22, 2009 | My Keyboard

[Irisshlass]

38 States have legislation drawn up, a couple States have already passed it to block the forced healthcare upon their states. It takes 38 states to pass a Constitutional Ammendment. And it seems that this is the key to stop these socialist communists from taking over our country once and for all.

[Star Traveler]

Thanks for the reference and I will look at it. Just a quick look told me that it was your essay and I appreciate opinions from all FReepers on this sort of thing, but I’m not going to risk the Constitution on any FReeper’s opinions... (not saying anything bad about yours, by the way...).

I hope you understand... but I’m going to take a good look at it... thanks again...

[Army Air Corps]

Yep. No more defense. Go on the offense starting with your precinct, city, and county. Then, work your way up to the state and national level.

[Man50D]

What they have tried to up to now has not stopped them in destroying the Constitution. It has to be stopped by the states.

They are stopping it as you noted at the top of the thread. A Constitutional Amendment will take far longer regardless of the point I made in my original post.

[americanophile]

That’s actually a good point. Now would be the time to craft a good amendment - in my opinion redefining the Article I Commerce Clause and eliminating the 16th Amendment income tax - and begin the process of passing it state by state. If we can retake the Congress within a few years, then we could possible ram it through. Very tough, but you’ve got to start somewhere.

[Star Traveler]

All I gotta say about that is “good luck”... I don’t see it working.

[HiTech RedNeck]

Is a Con Con like calling a game of Calvinball? Or are there certain rules that have to be followed in order to get valid changes out of it?

[Star Traveler]

I don’t think a Constitutional Amendment is going to happen either... I was just giving the details of the process... that’s all... :-)

[americanophile]

...which would require the kind of convention we definately don’t want.

[nomad]

If you`re going to call a “Con-Con”then simply ask the question: Do we the people of the states wish to continue in a union with deadbeats determined to enslave us to them? Legalized secession,then a new union with only the flyover states and criminalize socialism for the slavery it represents.

[bayareablues]

Oh, I love that idea. Now we just need a leader to step forward...

[circlecity]

Where does congress get the power to regulate how the states run their constitutional convention? Not from the Constitution. No, once they convened the rules would be whatever they say they are. And all subjects are open for discussion. You would see a level of treachery and grasping for power never seen before.

[Hostage]

There are four paths to an amendment:
1. Amendment proposed by Congress and passed by 2/3s of both chambers, then sent for ratification by 3/4s of states.

2. Amendment proposed by Congress and passed by 2/3s of both chambers, then sent for ratification by 3/4s of state conventions. (A state convention is a political body outside of the elected state legislature and is comprised of elected members or delegates).

3. Amendment proposed by Constitutional Convention of all states (Convention called by 2/3s of state legislatures), then sent for ratification by 3/4s of states (ratify by state means simple majority vote by state legislature).

4. Amendment proposed by Constitutional Convention of all states (Convention called by 2/3s of state legislatures), then sent for ratification by 3/4s of state conventions. (A state convention is a political body outside of the elected state legislature and is comprised of elected members or delegates).

To make it easy on the eyes:
1. Congress -—> States
2. Congress -—> State Conventions
3. Convention -—> States
4. Convention -—> State Conventions

Who can make a PROPOSAL FOR AN AMENDMENT? Congress or Convention.

What’s the PASS THRESHOLD ON CONGRESS making amendment proposals? 2/3s in both chambers of Congress.

What’s the CHECK ON CONVENTION making amendment proposals?
2/3s of state legislatures.

There has been unfortunate misleading information on amendment by Convention, that somehow it can be opened wide for all sorts of shenanigans. But the convention is very strictly called and cannot go beyond the issues for which it is called. Why?

In order to call for a Constitutional Convention, 2/3s of the state legislatures must ‘apply’ to Congress and then Congress MUST CONVENE the convention. The purpose of the convention is to PROPOSE AMENDMENT(S), NOT PASS THEM!

That’s where the fear and paranoia set in, OMG people from who knows where are going to hold a convention party and change everything. Nonsense!

For the purpose of argument, say a convention is called by the Congress at behest of 2/3s of states (Congress has no choice). Did 34 states decide to hold a convention about nothing? or whatever rings one’s chimes? No! They have a purpose, they have amendments in mind.

And when we say states, we mean the legislatures. How to coordinate all these legislatures? Well Obama seems to be helping us out just fine in that department, motivating us to move to state nullification of his commie-care law. But there is a bipartisan organization of state legislators from all states called the American Legislative Exchange Council and they can be useful.

So say a Convention is put together. Do they throw a month long backslapping dance party? No! They are comprised of members chosen by Congress to propose amendments with a time and budget limit.

So are they going to propose that the US Constitution be overturned, that the bill of rights be void? etc. Are they going to propose Sharia Law to be imposed? Are they going to do whatever they damn well want? No! Because whatever they propose is going back to the states.

So why don’t the states just propose what they want? Answer: they probably will.

So does that mean Chicago Illinois is going to propose that ACORN determine the daily schedules and liberties of all Americans? Well maybe but chances are that Dallas Texas is not going to allow it.

See what is happening here?

A Convention is going to be summoned by the states and called by Congress with heavy input from the states as to WHY IT IS BEING CALLED, WHAT IS TO BE PROPOSED.

And then it is going back to the states or state conventions for ratification by 3/4s of them (38 states or 38 state conventions).

So we as conservatives have the most states, the red states. If we call a Convention, the liberals would have their pants full of warm smelly brown fecal matter! They would be trembling with fear!

That’s the power we have as conservatives and we should use it NOW!

We should propose repeal of the 16th and 17th Amendments, because that alone will end socialism in the United States for the foreseeable feature! We can also propose an amendment to prohibit the federal government from passing unfunded mandates to the States. We can for future generations of Americans amend our Constitution to preserve freedom and promote conservative values.

[SueRae]

Tom Corbett has signed on. And I believe we WILL have the majorities needed to pass once November 2nd has passed. I also predict Articles of Impeachment will be taken up next year. One of these overreaches is going to percolate up to the point where charges can be brought.

I believe it with every fiber of my being.

Good to see you here. :-)

[Hostage]

Post #52

[Star Traveler]

You were saying ...

You would see a level of treachery and grasping for power never seen before.

And it would be the last time you ever saw the "Old Constitution" ... LOL ... We would have a brand new one after that.

[americanophile]

It’s something of an all-skate; the state legislatures pick their delegates, and once assembled they essentially have the same power as Congress with regards to amending the Constitution. As far as by-laws or governing rules during the proceedings, it’s up to that convention to make the rules...you can imagine dozens of Henry Waxmans, Chuck Shumers and Cynthia McKinney’s taking the place of people like Franklin, Madison, and Hamilton.

[dr_who]

You have a point there.

[circlecity]

"Where does congress get the power to regulate how the states run their constitutional convention? Not from the Constitution."

According to post #52 I am wrong on this. Never mind.

[Publius]

Excellent post! But there is just one thing that is incorrect.

They are comprised of members chosen by Congress to propose amendments with a time and budget limit.

According to the 1992 law, when Congress sets a time and place for a convention, the states are to hold special elections to elect 535 delegates, one from each congressional district and two from each state elected at large, just like the Electoral College.

Other than that, you called it correctly.

[DannyTN]

"2/3 may be possible after 11/10"

I don't think so, I don't think there are only 18 democrat senate seats up for grabs. Which would give us 59 seats, short of the super majority and well short of 2/3rds.

It's possible after 11/12 but not 11/10

It's likely we will retake the majority of the house, but just to get a majority, we have to take 39 democratic seats.

"After the 2008 elections and their subsequent events, the Senate is composed of 57 Democrats, 41 Republicans, and two independents who caucus with the Democrats. Of the remaining seats currently up for election in 2010, 18 are held by Democrats (5 of whom are retiring) and 18 are held by Republicans (6 of whom are retiring)."