I disagree with the author’s contention that a convention of the states would be an “unworkable” way to consider Amendments.
Article V gives us TWO ways to Amend the Constitution. And if Congress won’t do what we demand, then the states have to step up and do the job. With half the states filing suit against the Obummercare mess, aren’t we already half the distance to a state convention?
Now, before everybody starts howling about the incredible damage that could be done to the Constitution by a states’ convention, please remember that any proposed Amendments MUST be ratified by three-fourths of the several States, same as if Congress approved the Amendment.
No, the calling of a convention would NOT erase the existing Constitution. (The Confederation was not erased when the Constitution was proposed, hence the Federalist Papers to sell the new system.) And no, I do NOT think 3/4ths of the states want the Second Amendment deleted, though it might be close. Each state would choose its delegates to the convention, so I do not believe it would become a Liberal circus full of howling Progressives. We would certainly have a say in the choice of delegates.
We could declare, right from the outset, that the purpose of the convention is to debate and decide “X” Amendment and nothing else. We could declare the convention immediately adjourned if any other business is taken up or Amendments proposed, should we so desire.
Term limits, a state override provision for Supreme Court decisions, replace the word “regulate” with “promote” in the Commerce Clause, clarify the 14th to eliminate anchor babies, re-empower the states by repealing the 17th ... the list of possible Amendments is long.
With all the damage done to Constitution in our lifetimes, and the egegious damage done recently, how could the states do worse?
About 90% of the document is correct. The 10% that is wrong comes from making unwarranted assumptions based on how the Constitutional Convention of 1787 was called and how it operated. These assumptions are wrong because the original Convention was conducted under the rules of the Articles of Confederation, not the Constitution. The author also failed to read the American Bar Association's seminal 1973 document exploring how such a convention would work, how its members would be chosen, and how its purview would be limited by the state legislatures. Still, 90% isn't bad, and it's a good document to work from.