There are four paths to an amendment:
1. Amendment proposed by Congress and passed by 2/3s of both chambers, then sent for ratification by 3/4s of states.
2. Amendment proposed by Congress and passed by 2/3s of both chambers, then sent for ratification by 3/4s of state conventions. (A state convention is a political body outside of the elected state legislature and is comprised of elected members or delegates).
3. Amendment proposed by Constitutional Convention of all states (Convention called by 2/3s of state legislatures), then sent for ratification by 3/4s of states (ratify by state means simple majority vote by state legislature).
4. Amendment proposed by Constitutional Convention of all states (Convention called by 2/3s of state legislatures), then sent for ratification by 3/4s of state conventions. (A state convention is a political body outside of the elected state legislature and is comprised of elected members or delegates).
To make it easy on the eyes:
1. Congress -—> States
2. Congress -—> State Conventions
3. Convention -—> States
4. Convention -—> State Conventions
Who can make a PROPOSAL FOR AN AMENDMENT? Congress or Convention.
What’s the PASS THRESHOLD ON CONGRESS making amendment proposals? 2/3s in both chambers of Congress.
What’s the CHECK ON CONVENTION making amendment proposals?
2/3s of state legislatures.
There has been unfortunate misleading information on amendment by Convention, that somehow it can be opened wide for all sorts of shenanigans. But the convention is very strictly called and cannot go beyond the issues for which it is called. Why?
In order to call for a Constitutional Convention, 2/3s of the state legislatures must ‘apply’ to Congress and then Congress MUST CONVENE the convention. The purpose of the convention is to PROPOSE AMENDMENT(S), NOT PASS THEM!
That’s where the fear and paranoia set in, OMG people from who knows where are going to hold a convention party and change everything. Nonsense!
For the purpose of argument, say a convention is called by the Congress at behest of 2/3s of states (Congress has no choice). Did 34 states decide to hold a convention about nothing? or whatever rings one’s chimes? No! They have a purpose, they have amendments in mind.
And when we say states, we mean the legislatures. How to coordinate all these legislatures? Well Obama seems to be helping us out just fine in that department, motivating us to move to state nullification of his commie-care law. But there is a bipartisan organization of state legislators from all states called the American Legislative Exchange Council and they can be useful.
So say a Convention is put together. Do they throw a month long backslapping dance party? No! They are comprised of members chosen by Congress to propose amendments with a time and budget limit.
So are they going to propose that the US Constitution be overturned, that the bill of rights be void? etc. Are they going to propose Sharia Law to be imposed? Are they going to do whatever they damn well want? No! Because whatever they propose is going back to the states.
So why don’t the states just propose what they want? Answer: they probably will.
So does that mean Chicago Illinois is going to propose that ACORN determine the daily schedules and liberties of all Americans? Well maybe but chances are that Dallas Texas is not going to allow it.
See what is happening here?
A Convention is going to be summoned by the states and called by Congress with heavy input from the states as to WHY IT IS BEING CALLED, WHAT IS TO BE PROPOSED.
And then it is going back to the states or state conventions for ratification by 3/4s of them (38 states or 38 state conventions).
So we as conservatives have the most states, the red states. If we call a Convention, the liberals would have their pants full of warm smelly brown fecal matter! They would be trembling with fear!
That’s the power we have as conservatives and we should use it NOW!
We should propose repeal of the 16th and 17th Amendments, because that alone will end socialism in the United States for the foreseeable feature! We can also propose an amendment to prohibit the federal government from passing unfunded mandates to the States. We can for future generations of Americans amend our Constitution to preserve freedom and promote conservative values.
They are comprised of members chosen by Congress to propose amendments with a time and budget limit.
According to the 1992 law, when Congress sets a time and place for a convention, the states are to hold special elections to elect 535 delegates, one from each congressional district and two from each state elected at large, just like the Electoral College.
Other than that, you called it correctly.
Well done!
Start with Colorado and Vermont. If those two can come on board, the amendment would have a chance. That would be my litmus test, my canary in a coal mine.
But the congress would be involved and how are you going to bring all the states into agreement on who overseas and does the legislation required.....and with congress batting their balls around how can you say this wouldn’t prove madness.......is it not that the constitution needs to stand as it is and the actions by congree in passing this as they did need to be challenged?
That already has me worried.