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Do We Need A New Constitutional Convention?
LessonPlanPage.com ^ | 1/25/2006 | Andrew Costly

Posted on 01/25/2006 5:15:45 PM PST by Sen Jack S. Fogbound

Title - Do We Need A New Constitutional Convention By - Andrew Costly Do We Need A New Constitutional Convention? by Constitutional Rights Foundation (www.crf-usa.org)

Article V of the Constitution provides two methods for adding Amendments. Congress introduces amendments by one method; the states initiate them under the other.

The only method ever used is the congressional method. It lets Congress pass constitutional amendments by a two-thirds majority vote in both the House of Representatives and the Senate. Such amendments must then be ratified by three-fourths of the state legislatures or special state conventions, as Congress determines. Over 10,000 amendments have been introduced into Congress since 1789. Only 33 have been approved. Of these, 27 have been ratified and added to the Constitution.

The other way of amending the Constitution has never been successfully used. Under this procedure, the states initiate the amending process by petitioning Congress for a constitutional convention. When two-thirds of the states have submitted petitions, Congress must call a convention. Any amendments approved by such a convention must be ratified by three-fourths of the states. Congress decides whether state legislatures or state conventions will ratify these amendments.

Since the Constitution went into effect, there have been about 400 petitions from state legislatures calling for a convention to consider one thing or another. None of these efforts ever succeeded, but some came close. For years Congress ignored requests to pass an amendment allowing for the direct election of U.S. senators. Finally, in 1912, Congress passed the 17th Amendment, but only after supporters of the amendment were just one state short of triggering a constitutional convention.

Since the 1960s, state legislatures have submitted petitions for constitutional conventions when Congress refused to pass controversial amendments. Three of these amendments would have allowed prayers in the schools, prohibited busing for racial balance, and permitted the states to make abortions illegal. In each of these cases, however, supporters fell short of getting the 34 states needed for calling a constitutional convention.

Most recently, there has been a major movement to pass a federal balanced budget amendment. Unable to get action in Congress, supporters again turned to the convention method of amendment. To date, those behind the balanced budget amendment have convinced 32 states to submit convention petitions to Congress. Backers of the amendment need only two more states to compel Congress to call a convention.

Many people have voiced concern over the convention method of amending the Constitution. Our only experience with a national constitutional convention took place 200 years ago. At that time the delegates took it upon themselves to ignore the reason for calling the convention, which was merely to improve the Articles of Confederation. The Founding Fathers also violated the procedure for changing the Articles of Confederation. Instead of requiring approval of all the state legislatures, the signers of the Constitution called for ratification by elected state conventions in only nine of the 13 states.

Another point of anxiety is that Article V of the Constitution says nothing about what a convention may or may not do. If a convention is held, must it deal with only one proposed amendment? Or could the delegates vote on any number of amendments that were introduced? The Constitution itself provides no answers to these questions.

Howard Jarvis, the late leader of the conservative tax revolt in California during the 1970s, opposed a convention. He stated that a convention "would put the Constitution back on the drawing board, where every radical crackpot or special interest group would have the chance to write the supreme law of the land."

Others, like Republican Senator Orrin Hatch of Utah, disagree with this viewpoint. Senator Hatch has said it is ironic when the people attempt to engage in "participatory democracy set forth by the Constitution, we are subject to doomsday rhetoric and dire predictions of domestic and international disaster."

Of course, any amendments produced by a convention would still have to be ratified by three-fourths of the states. We may soon see how this never-used method works if the balanced budget people swing two more states over to their side.


TOPICS: News/Current Events
KEYWORDS: concon; constitution
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This is very good reading. It put some light as to why it is hard to get anything done!
1 posted on 01/25/2006 5:15:46 PM PST by Sen Jack S. Fogbound
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To: Sen Jack S. Fogbound

Kiss the 2nd Amendment good bye if you do this.


2 posted on 01/25/2006 5:17:02 PM PST by MNJohnnie (Is there a satire god who created Al Gore for the sole purpose of making us laugh?)
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Comment #3 Removed by Moderator

To: Sen Jack S. Fogbound

Were it not for the necessity of going through Congress, I would think an amendment to slightly change the Electoral College might do well in 38 states. Abolishing the EC probably wouldn't fly (at least I'd hope not!) but specifying that states must allocate at least one vote per congressional district to the winner of that district might (each state would get to decide via its own constitution or legislature how to cast two of its votes).

The number of states that would gain power from such a proposal exceeds 38, so I'd think it might fly.


4 posted on 01/25/2006 5:22:37 PM PST by supercat (Sony delenda est.)
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To: Sen Jack S. Fogbound

No! The Constitution is the Constitution is the Constitution. Live by it or get out!


5 posted on 01/25/2006 5:23:01 PM PST by bcsco ("The Constitution is not a suicide pact"...A. Lincoln)
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To: Sen Jack S. Fogbound
Amazing how time flies. Of course the DNC could write one in ... oh, say 5 minutes. After all Lehey, Kennedy, Schumer, Finegold, Durbin, and Finstien know all about one. And how to read it. (Aren't we sooo lucky to have them)

Now for the real stuff:

In 1777, one year after the U.S. gained independence, the original Articles of Confederation were written. The Articles came into force in 1781. However, by 1783, the original 13 colonies had realized that the Articles wouldn't work as a viable national government, so they started over. It took until May 1787 for the various state delegates to the Second Constitutional Convention to show up, and it took until September of the same year for the Constitution as we know it to be written and approved by the Convention. The new Constitution also had with it the first set of amendments, what we now know as the Bill of Rights. In other words, it took the former colonies a year to write the first attempt at a constitution and six years to realize they'd messed up. It then took another four years to work through enough details behind the scenes to make the Second Constitutional Convention worthwhile, and then it took five months to get wording that nearly everyone could agree on, and even then the Constitution still needed to be augmented by a Bill of Rights.

After World War II, General MacArthur was given the responsibility for the occupation of Japan. Part of his responsibility was writing a new constitution. The constitution was based in many respects on the U.S. Constitution, but was adapted somewhat to Japanese cultural needs. It took only a year for the new Japanese constitution to be written, signed, and put into place a new democratic national government in Japan. However, Japan was a nation defeated economically and socially by four years of war in the Pacific, it was occupied by the United States, it was peaceful, and it wasn't given a whole lot of choice about the contents of it's constitution.

[Taken from http://daedalnexus.net/blogs/comments.php?id=383_0_1_0_C]

Not such an easy task.
6 posted on 01/25/2006 5:23:45 PM PST by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: MNJohnnie
Kiss the 2nd Amendment good bye if you do this.

Amen!

A new convention would not be attended by Ben Franklin and James Madison. Their replacements would be Al Sharpton and Diane Feinstein. And while the Constitution really isn't observed anymore, at least everyone has to pay homage to it.

ML/NJ

7 posted on 01/25/2006 5:24:31 PM PST by ml/nj
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To: Sen Jack S. Fogbound

Howard Jarvis was right.


8 posted on 01/25/2006 5:24:57 PM PST by HAL9000 (Get a Mac - The Ultimate FReeping Machine)
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To: bcsco
Live by it or get out!

I'm curious.

What two or three provisions of the Constitution do you think we still live by?

ML/NJ

9 posted on 01/25/2006 5:26:44 PM PST by ml/nj
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To: Sen Jack S. Fogbound
It put some light as to why it is hard to get anything done!

Because that is the way it was built. And it was built that way for a number of good reasons.

10 posted on 01/25/2006 5:27:37 PM PST by Harmless Teddy Bear (1. You are drunk. 2. This is not a waltz. 3. I am not a woman; I'm the Cardinal Archbishop of Lima.)
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To: Sen Jack S. Fogbound
"A Convention for Proposing Amendments...as Part of This Constitution"
11 posted on 01/25/2006 5:28:41 PM PST by Publius
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To: Sen Jack S. Fogbound

Convention not needed. What we need is guys in the Congress and the Courts who can read the one we already have.


12 posted on 01/25/2006 5:29:27 PM PST by Busywhiskers ("...moral principle, the sine qua non of an orderly society." --Judge Edith H. Jones)
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To: Sen Jack S. Fogbound

Well, if we could somehow staff that Convention with the likes of Jefferson and Madison, then not many people would object, I suppose. But as the things stand now, we'd get an approximation of the present Congress in the hypothetical Convention, with the likes of hillary and kerry in attendance. And to this many people WOULD object.


13 posted on 01/25/2006 5:30:18 PM PST by GSlob
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To: WeepingWillow

Ping and bookmark


14 posted on 01/25/2006 5:36:51 PM PST by IslandJeff
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To: Sen Jack S. Fogbound
We need another revolution, throw all the rascals out of D.C. so we can rediscover the Constitution!
15 posted on 01/25/2006 5:37:55 PM PST by DTogo (I haven't left the GOP, the GOP left me.)
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To: Sen Jack S. Fogbound
What about the Term Limits for the Congresscritters? What about the "Professional Congressmen(women)" who has been there for 20, 30, 40 or forever?

Point is to put power BACK to the States and the people! Do we have it today?

I'm not talking about any major changes but some minor changes (congress may not consider it minor! LOL)

Of course it is hard to change. It is built that way. But are we really living with it all the way today?

16 posted on 01/25/2006 5:39:33 PM PST by Sen Jack S. Fogbound (TERM LIMIT! TERM LIMIT! TERM LIMIT!)
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To: bcsco
Hey works for me. Republicans and Democrats would be out of their jobs tomorrow. Neither party honors or respects the Constitution.
17 posted on 01/25/2006 5:39:55 PM PST by billbears (Deo Vindice)
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To: Sen Jack S. Fogbound
"in 1912, Congress passed the 17th Amendment, but only after supporters of the amendment were just one state short of triggering a constitutional convention. "

I didn't realize that stupid amendment- so harmful to the states and to the structure of the Constitution- had that much support in the states!

18 posted on 01/25/2006 5:46:12 PM PST by mrsmith (you kooks have a ball)
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To: DTogo
[ We need another revolution, throw all the rascals out of D.C. so we can rediscover the Constitution! ]

Exactly.. thats why we HAVE the 2nd amendment.. Would be bloody and probably would turn into the mother of all riots.. or MAYBE NOT..

19 posted on 01/25/2006 5:46:59 PM PST by hosepipe (CAUTION: This propaganda is laced with hyperbole..)
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To: Sen Jack S. Fogbound

Idea is about as dangerous as a kid with a gun.

It is hard to amend the constitution for a reason.


20 posted on 01/25/2006 5:48:12 PM PST by TASMANIANRED (The Internet is the samizdat of liberty.)
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