Posted on 07/17/2014 11:53:03 AM PDT by dignitasnews
As the November 2014 elections draw closer, Republicans are fixated on taking control of the Senate and Democrats find themselves focused on picking out china patterns for a presumptive Hillary Clinton inaugural ball in 2017, conservatives should consider the fact that a Constitutional Convention is very much within reach in 2015. Once the votes are counted, the Republican Party may just control the needed number of statehouses across the country to invoke the rarely discussed provision set in Article V the US Constitution which requires Congress to call a convention of states to propose amendments. Better still for conservatives, the numbers just might be available to get more than a few of these passed. As an extra bonus, Congress would be obligated to call the convention and hold no power to limit its scope.
Article V of the Constitution provides two methods in which a constitutional convention may be called for. The first states that should two-thirds of both houses of Congress find themselves in agreement on a given issue, an amendment may be called. This of course, in the wisdom of the framers, is a very difficult prospect particularly given the current political climate. The second, however, is more realistic option in our times and as one surveys the political map on the state level, a viable option in 2015. In addition to the congressional option, should two-thirds of the states apply for a convention, Congress "shall call a convention proposing amendments."
Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, 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; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Because the constitutional convention method has never been called there are plenty of questions in regards to the logistics and procedure. That said, this was originally to be the only process in which the Constitution may be amended. It was only after a delegation led by Alexander Hamilton argued that Congress too should have the power to do so under certain circumstances. It was then proposed by James Madison to remove the States power to propose amendments, until George Mason voiced his opposition to this plan, arguing that if the national government were to ever become oppressive, the void of a state process would render the people helpless. Thus, the two-thirds options was worked drafted and approved.
The latest legitimate attempt of the state method was the Balanced Budget Amendment. This was a long and drawn-out process in which North Dakota first applied for the amendment in 1975, while Missouri became the 32nd state in 1983, but it lost momentum just when on the cusp of victory. Speed in politics is important and although it may be idealistic to believe a variety of states can accord with equal swiftness, given their differences in personality and procedure, it is a potentiality of such unique importance it is the duty of conservatives to organize and prepare to apply the needed pressure to conservative leaders within the various states to make this a priority and drive the debate. In the modern age of communication, there are less logistical hurdles to overcome and no legitimate reason this can not be accomplished in under 24 months. Many within conservative circles have advocated for such a direction, a leading voice in this movement being radio-host and writer Mark Levin.
But to even get there we need the numbers. Although statehouse races garners far less attention than the House or Senate, it is on the state house level where the Tea Party influence has been most pronounced and their success has been key to the GOP’s current dominance in this arena. And because a Constitutional Convention is a state-driven process, conservatives will have greater representation. In the drive to thirty-four states, conservatives have good reason to engage in key races on a state level. To date, Republicans hold full control of 26 state houses, compared to only 18 under Democrat control. Five states are split between the state legislatures and state Senates, while Nebraska holds non-partisan elections for these offices, although this is widely considered “Republican country.”
What has Democratic Party officials particularly nervous is not just the race for the US Senate, but the very real possibility that Republicans, led by the insurgent Tea Party movement, will emerge from the primary season even stronger and together with establishment candidates will sweep to victory in a number of contested state house seats and have an insurmountable majority following November battles. Democrats are in danger of losing their slim majorities in eight key states, particularly West Virginia, Nevada and Colorado. Among the five states currently with a split in party majorities Kentucky, Iowa and New Hampshire appear to be leaning toward a GOP takeover. Should just these six states move over to the Republican column, they would hold full control of 32 state governments, with Nebraska giving them a virtual 33rd given their voting tendencies. This leaves seven states in which a lone upset moves one more state into the GOP column or agree to debate, discuss and vote on amendments to the constitution on a variety of issues of sincere concern to the American people.
Should these numbers become a reality, conservatives will have the opportunity to truly open up the national debate on issues ranging from abortion, to guaranteeing the integrity of our elections, illegal immigration and an overhaul of our legal immigration system, taxation, health care as well as Constitutional rights as related to both free-exercise of religious liberty and self-defense. While the American public at large is often split on these issues, the Progressive-left opposition on these position are largely centered in urban strongholds on both coasts and New England. Should the 34 needed states file applications and amendments are then proposed, three-fourths of the states will need to ratify. That means 50.01 percent of the people within states need to agree to the measure. Taking another look at he map, if crafted properly there seems to be little that the Progressive elites of New York, Chicago, Los Angeles or San Francisco can do about it.
Progressive-liberalism has been able to infect our republic mainly due to the disproportionate power and influence of these media centers on our culture and the national discussion. As such, power has increasingly found it center in Washington DC. at the expense of individual liberty. Conservatives find themselves with a unique opportunity to restore "power to the people" without the obstruction of both the liberal intelligentsia and the feckless nature of Congress. With a strong turnout of conservatives in a handful of Republican leaning states, a Constitutional Convention is very much within reach.
By Paul M Winters Editor in Chief Dignitas News Service
Sources:
NationalArchives HarvardLaw USConstitution CNSNews MarkLevinCNSInterviewVideo PJMedia (via YouTube)
The same would be with our states should the federal government detach itself from the Constitution and use military force to overthrow state leadership. They will need other states, and even other nations, to side with the states in the next few years, not decades.
-PJ
The Constitution has become so distorted in interpretation and application that it has become at best ineffective in protecting liberty and at worst an instrument inflicting tyranny.
Nathan Bedford's second Maxim of the American Constitution:
The American Constitution is being amended everyday without the consent of the governed.
In order to believe that a Convention of the States presents a greater threat to liberty than our current state of politics one must believe:
1. The Constitution is not being amended by three women in black robes +1 liberal in black robes +1 swing vote on a case by case basis.
2. The Constitution is not being amended at the caprice of the president by executive order.
3. The Constitution is not being amended at the caprice of the president when he chooses which laws he will "faithfully" execute.
4. The Constitution is not being amended daily by regulation done by an unaccountable bureaucracy.
5. The Constitution is not being amended by simply being ignored.
6. The Constitution is not being amended by international treaty.
7. The Constitution is not being amended by Executive Order creating treaty powers depriving citizens of liberty as codified in the Bill of Rights.
8. The Constitution is not being amended by international bureaucracies such as, UN, GATT, World Bank, etc.
9. The Constitution is not being amended by the Federal Reserve Bank without reference to the will of the people.
10. The federal government under our current "constitutional" regime has suddenly become capable of reforming itself, balancing the budget and containing the debt.
11. The national debt of the United States is sustainable and will not cause the American constitutional system and our economy to crash and with them our representative democracy, the rule of law, and the Constitution, such as it is, itself.
12. The Republican Party, presuming it gains a majority in the House and the Senate and gains the White House, will now do what is failed to do even under Ronald Reagan and George W. Bush and balance the budget, reduce the debt, stop regulating, reform the tax system, end crony capitalism, appoint judges who will not betray us and, finally, listen to the people.
13. That a runaway Convention of the States will occur, that it will persuade the delegates from conservative states, that it will be ratified by three quarters of the states' legislatures among whom conservatives control a majority, and the end result will somehow be worse than what we have now.
14. If we do nothing everything will be fine; if we keep doing what we have been doing everything will be fine; we have all the time in the world.
#42 is an outstanding post. Why not post it as a thread, under “chat.” It’s a debate worthy of FR.
Actually, killing every satanic allah worshipping, stone kissing moron, on this planet- will prove to be the resolution of human strife.
I wouldn’t bet on it, based on “The Proctologist’s Nightmare.”
He wakes up late at night, sweating profusely and in a panic, and his wife, experienced with this, reassures him,
“Don’t worry dear, there will always be more a-holes in the world.”
I never bet. Although, betting on a-holes, is quite popular in Islamic circles,(*).
It won't. Forget it. It's a lost cause. It is plain there isn't enough of us with the fortitude to do what is necessary.
Nor do I. But your comment totally misses the point and shows that you do not understand what the convention would accomplish. If done effectively, it would render their current MO ineffective.
I simply take the stand that doing nothing will continue to accomplish nothing.
Not sure about the absoluteness of your comment, but agree that Levine’s proposed amendments are an excellent start.
I read the book.
My point is, as Levine himself stated, his amendments are not finished products but worthy starting points for more discussion.
I worry about this idea; keep the Constitution as written. Modifying it won’t help when America’s enemies refuse to follow it, while opening it up risks getting outmaneuvered at a convention and giving the appearance of legitimacy to evil.
How? Do you really think 38 states would ratify that?
And those same Founding Fathers thought it worthy to place the convention process into the Constitution as a last resort before the "drastic measures" you wish for. Were they fools?
I wish for the return of the Constitutional Republic we were meant to be. I wish for a return to liberty, private property rights, a free and unfettered market, free of an oppressive, overreaching centralized government. I wish to speak freely, worship freely and bear arms freely without those rights being so pervasively infringed that I must constantly look over my shoulder in fear of reprisal from a tyrannical government or being subject to the shrill howls of an embolden minority under the protection of twisted minds in black robes. I wish for my grandchildren and their children to have the liberties the Founders envisioned and fought for.
I'm not bloodthirsty. I'm angry.
Were they fools?
No. We are. It should have never come to this without vociferous and unrelenting resistance to the absurdity and the tyranny. This tide should have been beat back long ago. I just don't share in your optimism regarding this. Corruption has reached a point where there is little to no consequences. That's all.
It's not optimism, it's determination. The result of violence will not be a free republic. We must be determined that every peaceful option has been exhausted first.
They have damaged the constitution over the last 150 yrs but it is not corrupted. It still has the ability to change itself. A convention in the Age of Idiocracy would be a disaster to the constitution and the nation, don’t fool yourself.
The Constitution was NOT established to limit the federal government. It was established to limit STATE governments and increase the power of the federal government. Read your history this story is clearly told by numerous histories. It was PRECISELY because state power was weakened in favor of the central government that the Anti-federalist opposition grew up opposing the ratification.
You would fail your proposed test.
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