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To: Publius

Interesting document. Are we to assume that you would support the notion of convening a constitutional convention? Although the old doc might be in need of some sprucing up, I imagine that convening a convention for that purpose in these bi-polar and hyper-political times would result in opening Pandora’s box.


22 posted on 04/02/2013 4:05:23 PM PDT by newheart (The greatest trick the left ever pulled was convincing the world it was not a religion.)
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To: newheart
Are we to assume that you would support the notion of convening a constitutional convention?

First, I prefer to use Judge Napolitano's term "Amendments Convention". The term "Article V Convention" would also be a better term.

Second, if the states request an Amendments Convention to address a specific topic, the convention is restricted to that topic by the Principle of Agency. The ABA Report goes into some detail on this. However, if the states request a general convention open to all possible amendment topics, then such an convention could be held.

When you get down to it, it's up to the states to define the purview of an Amendments Convention.

If I were going to start a drive to get the states to request an Amendments Convention, I would ask the states to petition Congress for a convention to repeal the 16th Amendment. There is absolutely no chance of any such amendment ever getting the two-thirds vote of both Houses of Congress, so the only way to get that amendment out there for the states to ratify would be to either have an Amendments Convention do it, or have the threat of such a convention place a gun to the head of Congress. When the rules of order are set for a convention, and when a convention does its business, proposes an amendment and goes home without doing damage to the Constitution, people (and the political parties) will see that there is a way for the states to propose amendments without Congress blocking them. Congress will become much more compliant after that.

28 posted on 04/02/2013 4:38:32 PM PDT by Publius
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To: newheart
"I imagine that convening a convention for that purpose in these bi-polar and hyper-political times would result in opening Pandora’s box."

That box was opened November 4, 2008. A Constitutional Convention might correct our nation's greatest screw-up, or accelerate the current march to CWII / revolution.

46 posted on 12/08/2013 12:39:33 PM PST by matthew fuller (Americans deserve better than an illegal alien communist from Kenya.)
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