We cannot allow Justice Roberts to have the last say. OCare must be dead and buried and the Constitutional principle restored one way or another. Best bet is through Mark Levine’s state constitutional amendment convention, led on by a Palin / Cruz Administration. Si se puede.
Madison warned us against a second convention just after our Constitution was ratified, and before our Constitution’s bill of rights was added to our Constitution. He wrote:
“You wish to know my sentiments on the project of another general Convention as suggested by New York. I shall give them to you with great frankness …….3. If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partizans on both sides; it wd. probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundationsof the fabric. Under all these circumstances it seems scarcely to be presumeable that the deliberations of the body could be conducted in harmony, or terminate in the general good. Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned. ….I am Dr. Sir, Yours Js. Madison Jr” ___See Letters of Delegates to Congress: Volume 25 March 1, 1788-December 31, 1789, James Madison to George Turberville
And more recently, here is what Chief Justice Warren Burger wrote to Phyllis Schlafly in 1988, regarding another convention: “I have also repeatedly given my opinion that there is no effective way to limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or to one issue, but there is no way to assure that the Convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don’t like the agenda. The meeting in 1787 ignored the limit placed by the Confederation Congress ‘for the sole and express purpose.’ “
The simple truth is, there are too many unanswered questions regarding an Article V convention and in the end our existing Supreme Court and Congress would be in charge of answering these questions.
Let us review the reasons why an Article V convention is a dangerous idea:
1) there is no way to control an Article V convention;
2) that Congress and our Supreme Court would have extraordinary manipulative powers over the rules of a convention;
3) that every snake on earth with self interests such as ACORN would be attracted to the convention as a delegate;
4) that an entirely new constitution and new government could be drawn up by the Convention;
5) that the convention could write a provision for a new government to assume existing states debts, especially unfunded pension liabilities, and use it to bribe a number of states into submission;
6) that adding amendments to our Constitution does absolutely nothing to correct the root cause of our miseries which is a failure to compel our existing federal government to be obedient to our existing Constitution;
7) And that we don’t even know the mode of ratification the convention will adopt to approve their doings, which could in fact be a mere majority vote by our existing Senate members. I say this because the Delegates sent to the convention in 1787 ignored the Articles of Confederation, which were then in effect, and by its very wording was forbidden to be altered but by a unanimous consent of the States. Instead of following the Articles of Confederation, they arbitrarily decided that the new constitution and new government they created would become effective if a mere nine States ratified what they did.
JWK
If the people of the United States do not rise up and defend the constitution they have given their consent to, who is left to do so but the very people who it was designed to control and regulate?
“Best bet is through Mark Levine’s state constitutional amendment convention, led on by a Palin / Cruz Administration. Si se puede.”
I’m terrified of a constitutional convention. There are individuals so rich that they can buy votes at $1 million, $10 million, $100 million. I’m not certain there are enough conventioneers who can resist being rich just to vote their conscious. Also, those who fight hardest to be delegates will be the least qualified.