Missouri Senate passes SCR 21!

conventionofstates.com ^ | 4/23/15 | Keith Carmichael

[cotton1706]

We have great news from Missouri!

The Convention of States application -- SCR 21 -- passed the Missouri Senate on a 26-5 bipartisan vote!

A huge thanks goes out to everyone who called, emailed, or met with their state senator -- this victory wouldn't be possible without your hard work and dedication.

The next step is the Missouri House. We'll let you know when a vote is scheduled -- for now, go ahead and contact your Missouri representative and voice your support for HCR 19. Click here to contact your state rep.

This is a major victory, and I couldn't be prouder of what we've accomplished thus far in the Show-Me State!

[cotton1706]

ping

[Fungi]

How many does that make?

[hosepipe]

[DoodleDawg]

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created...

That's from Article I, Section 6 of the Constitution. Is it possible that this article, and any similar articles in state constitutions, could be used to prevent any sitting Senator, Congressman, or state Legislator from participating in the Article V convention if it gets called? Because I don't think I would want to see what kind of crap would come out of a convention run by the same people who have screwed up the country and a lot of the states.

[Publius]

[Publius]

We’re still at 3 down, 31 to go.

[Jacquerie]

That clause is in the constitution to help prevent the president from doing what the kings of England had done for over a hundred years; appoint sitting or recent members of the legislature to salaried positions within the executive branch in order to buy their support.

It has zero to do with an Article V convention.

[cotton1706]

By my count, 8 legislative bodies this year. No full states yet.

[Publius]

3 full states. Georgia is one of them.

[cotton1706]

I meant no full states this year. Both legislative houses in GA, FL and AK passed it last year.

[Political Junkie Too]

That was the argument I made from the outset. The ABA paper that Publius posts says otherwise, but I think it's a self-serving interpretation.

I think that a proposing convention is a civil office under the authority of the Constitution, specifically by the authority of Article V.

-PJ

[Bruce Kurtz]

Ok, I read the article and still don’t know what SCR 21 is

[Jacquerie]

Please notice that the provision for a state amendment convention is outside of Articles I, II, III, meaning it is at least largely extra-congressional, extra-executive, and extra-judicial.

Delegates from the states will thus not serve as civil officers of the government of the United States.

[cotton1706]

It’s an application to form a convention for states to propose amendments to the constitution. 34 states need to pass such applications before such a convention can form.

[Publius]

Concur. The purpose of the 1973 ABA Report was to use two Supreme Court decisions to give Congress a lock on how delegates are to be chosen and how an Amendments Convention is to be conducted. It's the ruling class insuring its control of the proceedings. It's self serving.

I also think it wont pass constitutional muster.

[Political Junkie Too]

The language doesn't refer to civil offices in the government of the United States. It refers to civil offices under the authority of the United States.

I guess it depends on the meaning of the word "officer."

-PJ

[Bruce Kurtz]

Thanks

[Jacquerie]

In retrospect, my post #14 is a poor summary.

The convention process is created by Article V; it is not a component of any of the three branches of government created by the first three articles. The convention derives its power from a separate and independent grant of authority in the constitution itself. It cannot be made subservient to any branch of the government. Further, the sole purpose of the convention is to propose changes in the pre-existing system of government. This renders the convention distinct from, if not superior to, the three branches of government.

Delegates will serve their states. They will have no attachment to any statutory authority under the US.

[reviled downesdad]

Somebody needs to kick OK in the rear.