Posted on 04/05/2015 7:35:49 AM PDT by cotton1706
Conservative state legislators frustrated with the gridlock in Washington are increasingly turning to a plan to call a convention to consider a new amendment to the U.S. Constitution — an event that would be unprecedented in American history and one that could, some opponents predict, lead to complete political chaos.
Legislators in 27 states have passed applications for a convention to pass a balanced budget amendment. Proponents of a balanced budget requirement are planning to push for new applications in nine other states where Republicans control both chambers of the legislature.
If those applications pass in seven of the nine targeted states, it would bring the number of applications up to 34, meeting the two-thirds requirement under Article V of the Constitution to force Congress to call a convention.
What happens next is anyone’s guess.
“There really isn’t much of a precedent. We’ll be charting new waters,” said Utah Senate President Wayne Niederhauser, a Republican and a supporter of a constitutional convention. Utah became the 26th state to issue an application last month. North and South Dakota have also approved applications this year.
The problem is that while the Constitution allows amendments to be adopted and sent to the states by a two-thirds vote of both the House and Senate, or by a national convention called by two-thirds of the states, the founding document is silent on how such a convention would operate. How many delegates each state would receive, the rules under which a convention would operate and who would set the agenda would be left up to Congress — all of those would be open questions.
(Excerpt) Read more at standard.net ...
The method of ratification is decided by Congress: “when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress”
Consider if Congress decides ratification will be by State Convention.
They may never be a better time for the people and states to exercise the self-government that has been denied them.
Article V was designed for EXACTLY the situation we are in. An Article V convention would immerse the nation in a subject it is so poorly ignorant of, the purpose of free government expressed in our constitution.
History will not look well on a people who gaffed off their duty to peacefully reclaim their republic.
Article V ping. This is about an Amendments Convention dedicated to a balanced budget amendment, not Mark Levin’s proposed amendments. There are bits of misinformation and invalid assumptions in the article.
“If we could do that we wouldn’t need the amendment.”
And if a frog had wings....
When there’s sufficient appetite to pass a balanced budget amendment there’s sufficient appetite to modify the budget that’s being balanced.
Bad idea. Really bad idea.
Over half. Sixty-six of ninety-nine state houses are not in democrat hands.
So in other words most are in the hands of people like Boehner who is a leftist stamped with an R.
The time of calling Republicans good is pretty much over. Both parties are evil now.
To summarize from a previous post by Grace G, I see it as:
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 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. .
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. We now have 30 working on it. Amendments are proposed and voted on at the convention. Each Amendment must be ratified by ¾ of the states in order to become part of the US Constitution. That’s 38 states. “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!
Rep. Bill Taylor introduces a Convention of States
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.
Call a Convention A call for a Convention of States
Article V Project to Restore Liberty Another good source.
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
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.
Mark Levin’s “Liberty Amendments” Sean Hannity Special
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
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)
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!
Update: Convention of States by the numbers The current State count
Article V Handbook - for State Legislators An important resource.
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.
***
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:
I have two reference works for those interested.
The first is from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country.
Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. While I dislike some of their conclusions, they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see the view of the ruling class toward the process.
Report of the ABA Special Constitutional Convention Study Committee
1. Elect More Republicans
2. Article V Convention
3. State Nullification
4. State Secession
5. Civil War II
And there are no other options?
It is Article I Section 1 that established the American republic, "All legislative powers herein granted shall be vested in a Congress . . . "
Obama has claimed Article I Section 1 for himself.
Pause.
THERE IS NOTHING TO LOSE IN AN ARTICLE V CONVENTION.
(MUMBLE MUMBLE BLUSH BLUSH)
I've thought long and hard on that. Ideally, if we could elect a truly conservative administration, e.g., Cruz/Palin and go conservative on down the pike, way down, and they gutted the bureaucracy and got back to a constitutional government, it could work. I shall work and push for that. Now wouldn't that be something?
Barring that, it's Article V.
Given where we are today, YOU ARE ABSOLUTELY RIGHT!
Live Article V or Die!
I’m for the Liberty Amendments, as well as a balanced budget amendment (with tax limitation), and a few other pro-freedom amendments. Let’s amend away teh progressives’ ability to do anything they want.
Now That's the attitude!
And while we're at it, let's terminate all federal departments and programs that are not supposed to be there.
The states can, and do, handle most domestic issues on their own.
Thank you. Billthedrill and I need the royalties.
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