Posted on 02/28/2017 4:09:36 PM PST by cotton1706
AUSTIN – Texas moved a big step closer on Wednesday toward asking Congress to call a “convention of states” aimed at rolling back the reach of the federal government and perhaps even overhauling the U.S. Constitution.
“The federal government has treated the states as nothing more than a subcontractor to implement federal will,” said state Sen. Brian Birdwell, a Granbury Republican who shepherded two pieces of legislation necessary for Texas’ participation in a convention.
Ping
The Texas Senate has passed an application for a Convention of the States using Georgia's application language. It has to go to the Texas House next.
There are still 8 states (AL, AK, FL, GA, IN, LA, OK, TN) that have requested a convention using Georgia's application language. Texas could be 9th.
Countdown to the usual post from the person that still has no idea how this works in 3...2...
***
The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.
Proposal:
There are two ways to propose an amendment to the Constitution.
Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.
Disposal:
Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:
The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.
Ratification:
Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.
Forbidden Subjects:
Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.
Explicitly forbidden:
Implicitly forbidden:
Reference works:
Frequently Asked Questions About a Convention of the States
Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters
Changing the Supreme Court’s role and status caused great concern for Sen. Royce West, a Dallas Democrat who is one of the chamber’s two African-American members.This ignorance of history by a Texas Democrat astounds me. He should look up Texas' "Declarations of Causes" when it attempted to secede. One of the reasons Texas attempted to secede was because Texas opposed states' rights. Texas identified the North's failure to enforce the Fugitive Slave Act as a reason to attempt seceding.“The issue of states’ rights has always troubled me,” said West, noting that the concept was used as a pretext for allowing southern states to continue slavery before the Civil War and as justification for denying civil rights to blacks during the first six decades of the 20th century.
Democrats. Opposed to states' rights in 1861. Opposed to states' rights in 2017. But always intellectually wrong.
I'm not sure how many state governors support a COS, but Greg Abbott does.
I’m waiting for Congress to sandbag Trump on a term limits amendment and then see if Trump launches visits to 26 state legislatures to urge applications for a COS.
I sent my daughter to Thomas Moore in Nashua NH 20 years ago. They were tiny and took no government money. She got an old style liberal arts education to include Greek and Latin and went from there with a full scholarship to get her MBA at LSU. A year after she graduated TM the schools decided to take GI Bill students and it has been downhill since then. I would not recommend it any more.
Whether its over COS or illegal aliens or muzzies, I expect President Trump will soon soar over the heads of the establishment and go directly to his employer, We the People.
Many states will follow TX’s lead.
If you are wary about an Article V Convention of States, please review the following:
For those who think the Article V process is too risky, I ask, "What other options do you see?"
To summarize from a previous post by GraceG:
1. Elect More Republicans - Failed due to RINO/Uni-party confluence.
2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.
3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.
4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:
5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .
So, do we do nothing and just wait for # 5?
Quick review: We need 34 states to pass an application, then Congress shall, by law, call a Convention of States as soon as it receives applications from 2/3 of the State Legislatures. That's 34 states. As of right now, there are 8 states that have applied using the Georgia language: AL, AK, FL, GA, IN, LA, OK, TN and 36 state legislative chambers or bodies have filed or passed resolutions. Amendments are proposed and voted on at the convention. Each Amendment must be ratified by 3/4 of the states in order to become part of the US Constitution. That's 38 states.
There are multiple arguments against a COS. Do not be dissuaded. In reality, there are so many checks and balances against a runaway convention that the risk is near zero. As nathanbefored said, “It requires only 13 statehouse legislatures from 13 different states out of 99 legislatures in 50 states to block an amendment. The problem is not a runaway convention, the problem is getting any amendment through."
"There are far more political and legal constraints on a runaway convention than on a runaway Congress." - Robert Natelson
Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.
****Please see this summary video from Alabama first: Convention of States - Alabama Way to go Alabama! A great introduction!
***Another good introduction video Convention of States: The Plan to Restore America
Utah Rep. Nelson: The Constitution Hangs in the Balance A good five minute review
Utah's Merrill Nelson: The only way to check federal power is with the power of the states
***For the Young People Overview of the COS Project at Washington Freedom Summit Laura Fennig, a COS Grassroots Coordinator, describes the COS Project plan and how you can get involved!
Rep. Bill Taylor introduces a Convention of States
Convention of States Live! with Mike Farris
The Case for an Article V Convention. Great explanation of an Article V convention to the Massachusetts State Legislature.
**** Convention of States Lots of information here.
**** Article V Blog by Jacquerie. Excellent and worth following.
**** Mark Levin, Constitution Article V, and the Liberty Amendments A great overview of Article V.
Learn about the Convention of States The Problem, the Solution and the Strategy
Call a Convention A call for a Convention of States
Missouri state senator delivers amazing testimony (video) Reasoned speech on why we need an Article V Convention.
Article V Project to Restore Liberty Another good source.
Mark Levin’s Liberty Amendments: Introduction
Mark Levin’s Liberty Amendments: The Federalist I
Mark Levin’s Liberty Amendments: The Federalist II
Mark Levin’s Liberty Amendments: Part IV
Cultural Marxism and the need for an Article V COS by Hostage
Convention of States model Resolution
A Summary of Mark Levin’s Proposed Amendments by Jacquerie
Chapter 1 of Mark Levin’s Book, The Liberty Amendments
Mark Levin, Constitution Article V, and the Liberty Amendments
Mark Levin: "The Liberty Amendments" - Complete Sean Hannity Special + other Links
List of Mark Levin You Tube Videos
Citizens for Self-Governance: Convention of States Project Youtube hub - Lots of educational videos here
Mark Levin Article V, Liberty Amendments youtube video hub
Three hour video of C-Span interview with Mark Levin
*** Mark Levin's ALEC Speech, Dec 4, 2014
Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.
Curing Federal Dysfunction by Constitutional Amendment: A Primer Professor Rob Natelson
Our American Constitution, Article V Rob Natelson's Article V articles
We can fight the uniparty! States, the Natural Second Party by Jacquerie
Convention to Propose Amendments to the United States Constitution
The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process
Friends of Article V Convention Links
The Indiana Statute that will Govern their Delegates
Congress' Present Duty to Call a Convention:
Congress' Present Duty to Call a Convention. (Part I)
Congress' Present Duty to Call a convention. (Part II)
Congress' Present Duty to Call a Convention. (Part III)
Congress' Present Duty to Call a Convention. (Part IV)
Congress' Present Duty to Call a Convention. (Part V)
Congress' Failure to Call an Amendments Convention. (Part VI)
The 17th Amendment – A Mistake That Keeps on Giving
Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th! Shorter Abstract here: Ulysses at the Mast, one page Abstract
****For those of you that still have doubts about the Article V process, please review: Responses To Convention Of States Opposition My initial concerns were resolved after reading these articles. My attitude now is Go For It!
Sarah Palin: Debunking the myths of a Convention of States
A Single-Subject Convention Addresses the "runaway convention" fear.
John Birch Society Denies Its History and Betrays Its Mission The original Birchers were for an Article V Convention.
Publius Huldah vs. Article V: Introduction by Rodney Dodsworth
Update: Convention of States by the numbers The current State count
Convention of States Gaining Momentum
Assembly of State Legislatures – Article V
***Indiana Statute - Duties of Article V Convention Delegates A good example for other states and one of the safeguards.
****Proposing Constitutional Amendments by a Convention of States - An Article V Handbook for State Legislators An important resource.
****State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters The Bible on Convention of States
**** State Legislators Article V Caucus State Legislators, Join up at this site!
Most State Legislatures are in session now. Send this list of links to your State Representatives and Senators here: Contact your State Legislators.
Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points.
Excellent Article V Letter to a State Assemblyman by Jacquerie
"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke.
Let’s all work together to get this going!
I am celebrating here in Texas.
Question tho, I thought the resolution passed the full Tennessee legislature last week?
I have Tennessee listed at one of the eight.
I love you guys who have the boilerplates and the literate information for debate on Article V.
I admit, I often get too emotional in my replies to the Article V dissenters. Be assured tho, I have plagerized you all to heck in some of the stock boilerplates I’ve been sending to Texas representatives. Y’all may not live in Texas but your well written arguments have made a difference here.
Sorry, my mistake. I had thought Tennessee made 9. I’m obviously getting ahead with some state somewhere.
Super. Glad to hear it!
Does the Texas House have this scheduled on its legislative calendar?
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