Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Noamie
Well, if we use history as our guide it would appear that a convention cannot be limited. I say this because when the Articles of Confederation were in effect a convention was called in 1787 for the “sole and express purpose of revising the Articles of Confederation“ and we wound up with an entirely new Constitution and a new government, a number of powers ceded to that government and the new government was allowed to assume state debts incurred during the Revolutionary War.

See: Credentials of the Members of the Federal Convention. Commonwealth of Massachusetts; April 9, 1787

Whereas Congress did on the twenty first day of February Ao Di 1787, Resolve "that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of Delegates who shall have been appointed by the several States to be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several Legislatures, such alterations and provisions therein as shall when agreed to in Congress, and confirmed by the States render the federal Constitution adequate to the exigencies of government and the preservation of the Union."

In addition, 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.

BTW, did you see the great article by David Limbaugh, Rush Limbaugh’s brother?

Constitutional Convention Is a Dangerous Idea

The article begins: “The left's assault on liberty never rests, so don't ever be sucked into supporting the dangerous idea of a new constitutional convention, even if its stated purposes purport to be limited.”

JWK

At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results and as Benjamin Franklin emerged from the long task now finished asked him directly, `Well, Doctor, what have we got? A republic or a monarchy?' `A republic, if you can keep it,' responded Franklin.

53 posted on 08/08/2013 2:58:52 PM PDT by JOHN W K
[ Post Reply | Private Reply | To 52 | View Replies ]


To: JOHN W K

Yep.


54 posted on 08/08/2013 4:04:50 PM PDT by Noamie
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson