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Article V Convention: Path of Least Resistance
American Thinker ^ | February 1st 2014 | Robert Berry

Posted on 02/01/2014 3:48:17 AM PST by Jacquerie

In what is taking shape as a sort of Great Awakening, state legislators have begun to learn that they hold equal status with Congress when it comes to proposing amendments to the U.S. Constitution. Indeed, a handful of state legislators from each state, as yet unknown, are destined for the annals of American history the moment the nation's first Convention for Proposing Amendments is gaveled to order.

The process, found in Article V of the U.S. Constitution, requires the legislatures of at least two thirds (34) of the states to pass resolutions demanding that Congress call a "Convention for Proposing Amendments" -- an ad hoc assembly where state legislators, voting state-by-state, may propose (but not ratify) amendments.

The thought of such a thing, while horrifying to Congress, represents the last constitutional method to reform a federal government run amok. And nothing more clearly illustrates the divide between flyover country and the federal city than the remedies that are sure to be proposed and later ratified by the states. To the ruling class, nothing could be more anathema than the prospect of amendments requiring term limits, balanced budgets, single-subject bills, and commerce clause reform.

Few on the Hill seem to be taking notice of the gathering clouds -- a situation that the states would do well to exploit. If anything, the nascent "Article V movement" is little more than a curiosity among the ruling elite. Congress, aware of Article V, has every expectation that the states will continue a 200-year losing streak when it comes to coordinating the resolutions necessary to trigger the process. This is entirely due to the fact that the founders left Congress in charge of counting the resolutions.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: articlev; constitution; statesrights
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To: Phlyer
which did not stop the courts from making law on the topics

Where does it say the courts can make laws?

61 posted on 02/01/2014 2:14:35 PM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: theBuckwheat
While the senate is almost 50/50 R/D, this battle takes place far more at the level of state legislatures and governors.

That's an assumption, not a fact. Or at least, the dynamics of how it resolves - whether that is more like how Senators are currently selected (where the issue is control of the federal government) or how state houses are currently populated (where the issue is local politics) - is an assumption.

Are you willing to bet the future of our country on your assumption? Nothing personal because I would like it to be true also, but I'm not willing to make that bet.

The biggest problem is not how those in a Constitutional Convention would be selected anyway. First, though we are highly polarized as a nation, neither side as the 2/3 majority it would take to have any meaningful results. Second, it doesn't matter what is written in the Constitution if no one (most especially the courts) pays attention anyway. Or uses one part (like a 'shadow and penumbra' of the 14th) to justify ignoring another part (like the clear and unambiguous language of the 10th).
62 posted on 02/01/2014 2:21:33 PM PST by Phlyer
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To: DoodleDawg
There are 26 states that went for Obama in 2012. You would need 10 of them to agree to an Article V convention

The link within the source claims 18 states have bare bones article V resolutions active (count had been 21, but 3 rescinded since 2000). Oddly 10 of the active states were 2012 Obama states!!! So, unless those states start rescinding, red state action alone could push the convention over the top. I'm not saying it's likely, just that it is mathematically possible presuming the source's information is correct. Getting anything ratified would obviously be harder. However several states are more red at the state legislature level than at the presidential electoral level so it's not quite as hard as at first glance. You might be able to at least get close enough to scare some rinos and rats into faking right for awhile.

63 posted on 02/01/2014 3:00:11 PM PST by JohnBovenmyer (Obama been Liberal. Hope Change!)
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To: Phlyer
Are you willing to bet the future of our country on your assumption?

Are you willing to deny America has become a police state?

64 posted on 02/01/2014 3:02:52 PM PST by Jacquerie (Restore federalism and freedom. Repeal the 17th. Article V.)
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To: Phlyer
It's not hard to find a way around each of the proposed amendments

Okay, no thanks. You didn't read them.

65 posted on 02/01/2014 3:12:30 PM PST by Jacquerie (Restore federalism and freedom. Repeal the 17th. Article V.)
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To: vg0va3
I ask that you not make definitive statements about me with which you have no idea. I am under no impression. I choose to speak with facts on my side.

Speaking to people does not constitute facts concerning what will happen in a future event. You have nothing but your own impression of what might happen. I'm not saying you haven't thought about or have what you think is a solid basis. But don't fool yourself into thinking you have facts about future events, those don't exist.

My basis for thinking that Leftists would be more than happy to get an Article V going? They have proven a solid desire over the last 100 years to destroy individual rights and replace them with group rights. To that end, they have not let intellectual honesty, fair play, or equal treatment deter them.

So, in summary. My best guess of what would happen don't line up with your best guess, because I have never met an elected Democrat in my life (and that is who would attend) who is a defender of personal liberty. I do not trust them, because in the last 50 years they have proven themselves untrustworthy.

66 posted on 02/01/2014 3:18:35 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: Political Junkie Too
You start by proposing non-discretionary amendments. What if an amendment to repeal the 17th amendment passes, or a term-limits amendment passes? Do you really think that a sitting Senator can "defy the Constitution" and refuse to vacate his seat?

You can start proposing whatever you'd like, but so can any other attendee. They may not have voted for an Article V for the same reasons you did. NY or MA may have voted for the Article V to repeal the Second Amendement, you know, some common sense changes.

If we reach a point where we actually have 38 rock solid red states and that isn't a worry, then I'm on board. Right now, I'm not seeing that.

To this day, the opponents continue to feign ignorance of the distinction between an Article V Convention for Proposing Amendments -- which, needless to say, proposes amendments -- and a full authority Constitutional Convention.

Yep, that's me. At least sort of. I understand the distinction, I fail to see the difference. Let me repeal and add amendments to a document and I can quickly make it whatever I want it to be, without ever starting from scratch.

67 posted on 02/01/2014 3:25:27 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan
The caveat to my statement is that if you show me 38 solidly conservative, Constitutionalist states, then I'll gladly start talking about an Article V, because then you have a very good idea of what the outcome would be.

The next step however, might be civil war, with a few heavily populated blue states trying to secede.

68 posted on 02/01/2014 3:30:18 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan
Since an Article V amendment convention is apparently too dangerous, what action do you recommend?
69 posted on 02/01/2014 3:35:30 PM PST by Jacquerie (Restore federalism and freedom. Repeal the 17th. Article V.)
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To: Jacquerie
Since an Article V amendment convention is apparently too dangerous, what action do you recommend?

Fair question, I've told you my fear in that regard, which is that we don't have 38 solid states for what we want, but we might quickly find 38 states lining up for amendments we don't want.

We could start a solid plan on getting to that 38, which would mean picking more than just our core issues to pry certain states away from the North East centric line of Progressive thought. Call that the long war.

For the last 20 years, I've been seeing us go from the edge of the slippery slope to almost free fall. Frankly, I'd rather see a train wreck sooner than later. To turn the analogy of a frog in progressively hotter water, perhaps we need to stop trying to cool the water. I'd rather things go all to hell, which they are bound to do, sooner rather later, while people still have some memory of what used to work.

I wish I has some fantastic alternative for you, but I don't. The Progressives have done a lot to ruin this country and the currency issue isn't fixable. We'll just reach a point where we have to start over. I think we need to start looking at how to manage the crisis so that we come out of it returning the Constitution and not to a socialist-fascist state.

70 posted on 02/01/2014 3:55:09 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: vg0va3

The caveat to my statement is that if you show me 38 solidly conservative, Constitutionalist states, then I’ll gladly start talking about an Article V, because then you have a very good idea of what the outcome would be.

The next step however, might be civil war, with a few heavily populated blue states trying to secede. Just an observation, not a reason to avoid it.


71 posted on 02/01/2014 3:56:53 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

I think you have to take the democrat party and break into the camps. There are progressive democrats and liberal (classical sense before progressives assumed that name) democrats.

You are correct to not trust any progressive...regardless of party. I have met those too and they scare me. Think of T. Roosevelt, W. Wilson, FDR, J. Carter, B. Obama and H. Clinton. They believe there is not a reason to fear a larger government because they are in control.

True liberals fear a large central government. Just a true conservatives fear a large central government.

You rarely find progressives occupying space with a state government because they believe the federal government is where they should be to get what they want done.

The unusual aspect of an article V versus the federal government attempting another constitutional amendment is that the states will not give the fed any more power today. They are in a literal stale mate.

Why do you think you saw an explosion of Amendments at the turn of the 20th Century but none sense? Because with what was gained during the progressive age, they have been able to re-shape this country into a similar European government.

Do you believe that state legislatures are looking to dump more of their limited authority on the federal government.

“Democrat... who is a defender of personal liberty.” Here is a recent example (only 1, too hard to find before dinner) of a democrat standing up for personal liberty with the NSA. Do they disagree on social programs. You bet, but on this issue the are of the same voice.

http://www.rollingstone.com/politics/news/new-congressional-coalition-emerges-against-nsa-surveillance-20130726


72 posted on 02/01/2014 4:00:56 PM PST by vg0va3
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To: vg0va3
We differ on how we view Democrat state reps. I haven't seen anything to make me believe that they are any less Progressive than at the national level. I think they are just the junior varsity, e.g Wendy Davis.

Although we might occasionally find common ground with someone like Connors, I don't trust for a second that he wouldn't immediately turn on us and drive the knife into the hilt.

Should we take every opportunity to try to turn classic liberals into Conservatives? Sure, but my experience is that they'll go with the Progressives when push comes to shove, often they are a lot more progressive than they put on and just acting the Old Democrat part to fit their constituency before moving up. Look at the Obamacare votes.

73 posted on 02/01/2014 4:24:31 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

Do you only vote during election if you know the result? Why not support the exploration of an Article V and see if it moves like you desire.

Contact your local legislator and speak with them about the options? Learn how you can help control the process.


74 posted on 02/01/2014 4:26:15 PM PST by vg0va3
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To: vg0va3
Do you only vote during election if you know the result?

Apples and oranges. A more fitting analogy would be whether I tell my daughter to get in cars with people she doesn't know.

Like I said before, if a solid coalition of 38 states can be orchestrated for a very defined set of amendments, then I'm all for it. But I'm not for hopping in that car and wishing for the best.

Why not support the exploration of an Article V and see if it moves like you desire.

I'm all for exploring step one, which is finding and confirming allies, a coalition of states if you will. But only after I got that firmly in the bag, would I move on an Article V.

Contact your local legislator and speak with them about the options? Learn how you can help control the process.

I've been in close contact with two of them on this subject.

75 posted on 02/01/2014 4:38:35 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

“I’ve been in close contact with two of them on this subject.”

What is their position? Do/ Dont do/ Move forward slowly


76 posted on 02/01/2014 4:43:42 PM PST by vg0va3
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To: SampleMan

It sounds like a long road to ever seeing any change then.

When you see the media whores you find the Progressives. They looking to DC eventually.


77 posted on 02/01/2014 4:47:39 PM PST by vg0va3
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To: vg0va3
They are both in favor of it. The issue of approach is what we've discussed.

I can see the possibility of it happening, but only after the country divides further into more rural and more urban.

The problem will then be that the minority of people in the majority of states are determining what to do. Perfectly correct if you consider the states to be sovereign, but the Left doesn't, which makes me think they'll force a civil war at that point.

I think a cataclysmic event (massive and sharp depression, with the government unable to back its welfare checks) would have a better long term outcome, although that is as much or more of a crap shoot concerning outcome.

I don't disparage the notion of Article V action, I just want to make dammed sure that everyone on our side has their eyes wide open, because if we try it and have it reversed on us, we won't even have the Constitution to fall back on. Straight rebellion as traitors would be the only position open.

78 posted on 02/01/2014 5:09:46 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

I agree on both points.

Imagine the liberals jumping at the opportunity to write a new constitution.


79 posted on 02/01/2014 9:55:29 PM PST by gortklattu (God knows who is best, everybody else is making guesses - Tony Snow)
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To: Jacquerie; All
Some research links on the Article V process and the Liberty amendments:

Convention of States - Alabama Way to go Alabama! A good introduction.

'Convention of states' to rein in government? Another great summary explanation.

The Case for an Article V. Convention. Fantastic explanation of Article V convention to the Mass State Legislature.

I would recommend watching the above three videos first and then on to:

Convention of States Lots of information here.

A Summary of Mark Levin’s Proposed Amendments by Jacquerie

Mark Levin, Constitution Article V, and the Liberty Amendments

Article V Project to Restore Liberty

Rep. Bill Taylor introduces a Convention of States

Citizens for Self Governance: Convention of States Project – a hub of 15 youtube videos on the Convention of States

Mark Levin Article V, Liberty Amendments youtube video hub

Three hour video of C-Span interview with Mark Levin

Amendments Convention Links

Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.

Convention to Propose Amendments to the United States Constitution

The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process

Friends of Article V Convention Links

Article V Convention: Path of Least Resistance By Robert Berry

Article V Handbook - for State Legislators

State Legislators Article V Caucus State Legislators, Join up at this site!

Send this list of links to your State Representatives and Senators here: Contact your State Legislators.

Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points. Both from Here.

Let’s all work together to get this going.

The Federal Government is broken. We owe it to The Founders and ourselves to attempt a rational Article V amendment process. If it doesn't work, or is hijacked, then fine, it's on to what we're all expecting anyway, revolution. It's your call America.

80 posted on 02/01/2014 10:58:50 PM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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