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

To: betty boop
But your proposed language is also a safeguard against a "runaway convention." Any proposal issued by the Convention must pertain to the "mission" of the Convention. Which is: "States Rights and Control of States Rights."

It's hard to imagine a topic that couldn't be smuggled into this convention based on that mission. There are plenty of voices who would like to diminish states rights, and as you state later in your post everything from fiscal matters to healthcare to land use to culture would be on the table.

I don't think Congress, especially a hostile one, would ever consider states rights and control thereof to be a credible "single subject".

195 posted on 07/08/2015 3:20:12 AM PDT by semimojo
[ Post Reply | Private Reply | To 193 | View Replies ]


To: semimojo; betty boop

> “It’s hard to imagine a topic that couldn’t be smuggled into this convention based on that mission. “

Can you list a few specific examples that could be smuggled?

> “I don’t think Congress, especially a hostile one, would ever consider states rights and control thereof to be a credible “single subject”.”

Can you say where in the Constitution Congress has any say on the subject of the topic, single subject or otherwise?


196 posted on 07/08/2015 6:59:43 AM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 195 | View Replies ]

To: semimojo; Hostage; Publius; Jacquerie; Alamo-Girl; marron; caww
I don't think Congress, especially a hostile one, would ever consider states rights and control thereof to be a credible "single subject".

My understanding is Congress has no role, no discretion in determining "credibility." If 34 States apply using uniform language re: "States Rights and Control of States Rights," Congress MUST "call" a Convention of the States for Proposing Amendments.

Of course, one would expect Congress to be hostile to any proposal that would limit their own power.

...[S]ome delegates—notably George Mason of Virginia—pointed out that Congress might become abusive or exceed its powers. It might therefore refuse to adopt a necessary or desirable amendment, particularly one designed to curb its own authority. Accordingly, the Framers added [to Article V] the convention for proposing amendments as a vehicle for the states to present corrective amendments for ratification while bypassing Congress. — Natelson, p. 29. Emphasis added.

Congress has no role in determining subject matter or any procedural matters; e.g., voting rules, qualifications of commissioners, size of State delegations, etc., etc. And no discretion as to its duty to "call" once 34 State Applications on the same subject matter has been reached.
205 posted on 07/08/2015 9:49:44 AM PDT by betty boop (Science deserves all the love we can give it, but that love should not be blind. — NRte>>te>>)
[ Post Reply | Private Reply | To 195 | 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