Indiana joins a Convention of States (that's six!)

worldmag.com ^ | 3/1/16 | William McCleery

[cotton1706]

INDIANAPOLIS—By joining the call for a “Convention of States,” Indiana this week became the sixth state in the nation to endorse limiting the power and jurisdiction of the federal government via amendments to the U.S. Constitution.

The question is whether, and how quickly, proponents of states’ rights can recruit 28 more legislatures to their cause—an effort bolstered lately by the endorsement of Sen. Marco Rubio, R-Fla., who has mentioned it in speeches while campaigning for the presidency.

The Indiana House of Representatives voted 61-36 Monday for a resolution in favor of joining the Convention of States (COS). The Indiana Senate already approved the measure by a 34-16 vote on Feb. 4.

[cotton1706]

ping

[Repeal 16-17]

No matter who becomes the President, this needs to happen. Real reform of the federal government can not be done by the federal government.

[publius911]

Uphill all the way.
The best strategy, of course, should be obvious... Concentrate on the 34 smallest states, with normal people in the still biggest dystopic states supporting them financially...

Unfortunately states like California, which used to be "fruits and nuts," are now "Fruits, nuts and mehjeekans..."

A formidable handicap.

[freedomjusticeruleoflaw]

Woot woot!

[uncitizen]

As if Rubio really wants this...pshaw!

[Jacquerie]

Article V ping!

[Mouton]

Six, probably when they get to the same number as were in the Confederacy, Otrud will call in marshal law and declare they are in rebellion.

[PIF]

Great idea! The Democrats will have a field day - all their groups will be there offering amendments 24/7, while conservatives etc are busy earning a living and can only attend on days off while Pelosi-Reid-Soros-Steiner-Pew-Ford- Audobon-Sierra-etc lay a groundwork which lead to a full Convention ...

[central_va]

Meanwhile people are actually looking at real solutions....

[central_va]

This is even more good news.

[Oldeconomybuyer]

Bump!

[Publius]

You don't understand how it works. This is the usual boilerplate I append to these threads. The part you need to read is at the end. I have links to three reference works at the end, and it's the first two that contain the information you need. The third link is for lawyers.

***

The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

• The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.
• The Amendments Convention Method requires the legislatures of two-thirds of the states to apply to Congress to call a Convention for Proposing Amendments. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.

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:

• State Legislature Method, or the
• State Ratifying Convention Method.

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:

• No amendment may be added to the Constitution concerning slavery or capitation taxes until 1808. We’re well past that deadline.
• No amendment may be added to the Constitution to change the principle of equal representation in the Senate unless every state deprived of that right approves. If California wants five senators, every state must have five senators. To permit violation of this principle, every state would have to ratify the amendment, not just three-fourths.

Implicitly forbidden:

• The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution;” therefore, the Constitution of 1787 is locked in place forever. Congress and an Amendments Convention have exactly the same Proposal power; therefore, neither Congress nor an Amendments Convention can start over. Both bodies can only propose amendments.

Reference works:

Frequently Asked Questions About a Convention of the States

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters

[Jacquerie]

For the "out of control convention" crowd, Indiana previously passed a statute here that will govern delegates' commissions.

[Jacquerie]

Ping to #14.

[bgill]

Good news. Now for more.

[PIF]

Yes I know how it works and you naive people will be eaten alive before the count of ten.

[Tolerance Sucks Rocks]

Yes I know how it works and you naive people will be eaten alive before the count of ten.

So, in other words, as regards the current order, we should just lie back and enjoy it?

[lewislynn]

For the "out of control convention" crowd, Indiana previously passed a statute here that will govern delegates' commissions.

In Indiana...BFD.

[PIF]

It just will not work - you people can’t even find decent Presidential candidates and even then you try to cut each others’ throats to prove some arcane point. Were this still the 18th century sure. But no longer. You just cannot do it today and have the outcome you imagine. Maybe later ... to much magical thinking today.