Posted on 04/02/2014 12:25:48 PM PDT by servo1969
WASHINGTON – Momentum is building behind what would be an unprecedented effort to amend the U.S. Constitution, through a little-known provision that gives states rather than Congress the power to initiate changes.
At issue is what's known as a "constitutional convention," a scenario tucked into Article V of the U.S. Constitution. At its core, Article V provides two ways for amendments to be proposed. The first – which has been used for all 27 amendment to date – requires two-thirds of both the House and Senate to approve a resolution, before sending it to the states for ratification. The Founding Fathers, though, devised an alternative way which says if two-thirds of state legislatures demand a meeting, Congress “shall call a convention for proposing amendments.”
The idea has gained popularity among constitutional scholars in recent years -- but got a big boost last week when Michigan lawmakers endorsed it.
Michigan matters, because by some counts it was the 34th state to do so. That makes two-thirds.
(Excerpt) Read more at foxnews.com ...
Ping.
Since 99% of Federal Law hangs its hat on the Commerce Clause, what would be good wording for an amendment to it?
It’s Pandora’s box ... :-) ...
The regime and their supporters don’t care about the one we have now. That’s the problem.
From wiki.
A Convention to propose amendments to the United States Constitution, also called an Article V Convention, or Amendments Convention, is one of two alternative procedures for proposing amendments to the United States Constitution described in Article Five of the Constitution. The other method is a vote by two-thirds of each house of Congress.
In recent years some constitutional scholars have argued that state governments should call for such a convention.[1][2] They include Lawrence Lessig, Sanford Levinson, Larry Sabato, Jonathan Turley, and Mark Levin.[1][3][4] As of 2014, there is an active nationwide effort to call an Article V Convention. Citizens for Self-Governance, through a project called Convention of the States, is promoting Article V legislation in all 50 states. In March 2014, Georgia became the first state to pass the group’s Convention of States application.[5] Alaska and Alabama are close to passing similar legislation.[6][7][8][9]
According to Article V, Congress must call for an amendment-proposing convention, “on the application of the Legislatures of two thirds of the several States,” meaning 34 state legislatures would have to submit applications. Once an Article V Convention has proposed an amendment or amendments, then the amendment or amendments would have to be ratified by three-fourths of the states (38 states) in order to become part of the Constitution.
Not a good idea. Look around you and then in a mirror. I did that and couldn’t find anyone trustworthy.
Proposal:
There are two ways to propose an amendment to the Constitution.
Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.
Disposal:
Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:
The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.
Ratification:
Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.
Forbidden Subjects:
Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.
Explicitly forbidden:
Implicitly forbidden:
I have two reference works for those interested.
The first is from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country.
Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. While I dislike some of their conclusions, they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see the view of the ruling class toward the process.
Report of the ABA Special Constitutional Convention Study Committee
One is allowed the Liberty of freely doing things for oneself on ones own property without Federal gov’t interference.
The ruling class that occupies DC is capable of doing it themselves.
Who would you trust more, the ruling class or your friends and neighbors?
We need to shake the bastards up big time in DC and this is the way to do it.
Well as I read Article V, Congress would be acting unconstitutionally as there are no other conditions to calling a convention after 2/3rd's of the states have applied. I hope Congress doesn't unreasonably delay. We should be patient, but we should be prepared if Congress unreasonably delays.
I say after a reasonable time, after good-faith efforts to deal with Congress, if still no call from Congress, the states should go ahead with the convention. After all, what's the next strep anyway? If the convention fails, the next step is state nullification. If Congress refuses to call the convention, this could be the first step in state nullification anyway.
No, it’s not. Congress can do it themselves right now. And the way they do business is far worse.
Only thing barely keeping us from the deep end is the constitution as written.
IMHO opening this door invites disaster.
http://www.conventionofstates.com/learn-convention-states-0
Congress and an Amendments Convention possess exactly the same Proposal power, no more and no less. Congress today could propose amendments to do everything you fear. In fact, whenever Congress is in session, under your reasoning, you should be very, very afraid. (Probably a good idea anyway.)
Do you honestly think that the state legislatures (or state ratifying convention) of 38 states would ratify the kind of amendment you fear, no matter which body generates it?
Sorry. I responded to the wrong post.
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