Convention of states resolution is on its way to full Texas Senate

Texas Tribune ^

[ameribbean expat]

One of Gov. Greg Abbott’s emergency items moved one step further Thursday when a Senate committee recommended a resolution that would back a convention of states.

The Senate State Affairs Committee approved Senate Joint Resolution 2, by state Sen. Brian Birdwell, R-Granbury, which calls for a national convention that would allow states to propose amendments to the U.S. Constitution — an action that could only happen with a two-thirds majority, or 34 states, signing onto the idea.

[Publius]

We’re one step closer in Texas. We have the governor’s support.

[PIF]

Extremely bad idea - liberals will take it over and the results will damn us all.

Good intensions and all that, will go up in socialist smoke.

[Bogey78O]

Cue the “we shouldn’t do this because somehow every Republican legislature and governor will backstab us” comments.

[Neoliberalnot]

Cue the “we shouldn’t do this because somehow every Republican legislature and governor will backstab us” comments.””

The old media has cleverly turned republicans against republicans. Odd isn’t it. Notice how 95% of republican legislators are indeed supporting President Trump.

[stars & stripes forever]

Leave the U.S. Constitution alone.

[Texas Fossil]

Go Governor Abbott!

Lets get it done.

[SecAmndmt]

There will be no rules behind closed doors

The government largely ignores the Constitution now. How will rewriting parts of it suddenly make them obey it? Will they abolish the Fed immediately after they finish the convention? lol.

The problem is that we have a very uninformed, government-schooled electorate. That will only get worse. The real long term solution is separation of school and state. No one here or anywhere else is listening.

[Rapscallion]

convention that would allow states to propose amendments to the U.S. Constitution

All YOUR wants are GOOD ideas. but what about the millions of Yahoos who think other than you and want abortion, homosexual rights, free tuition, and no taxes. Won't they have some say also?

I say be very careful what you ask for because such a convention might just be a Progressive trap.

[Rapscallion]

Rush onward, FOOLS.

[SecAmndmt]

Exactly. It is fine just the way it is.

If one wants to force the issue on obeying the Constitution, how about some of these State officials practice nullification and interposition vs the Feds? Crickets...

[Carry me back]

It has to be approved by state legislatures. Anything that’s recommended that is. There are more center right state legislatures than left wing. The so called run away convention is not possible. People who don’t know what they re talking about say that, imo.

[Texas Fossil]

Convention of states is not a “we’ll rewrite the Constitution meeting”

It is a method for States to reign in Federal encroachment of States authority. It’s been a creeping disease for my lifetime.

I understand your concern, but I don’t think you understand the process.

[DoughtyOne]

I have reservations about this.

We’ll see how it plays out.

This is the season of the RINO.

Let’s reflect for a moment on how the caucuses turned out for us in 2016. Almost none of them (perhaps zero) backed the guy we have now. The GOPe maintained full control over them.

So now we want to trust some of these same states to get it right, with heavy GOPe influence.

Sorry, that seriously causes me to do a reality check here.

Let the games begin. We’ll observe how well it works.

We always have these grandiose ideas, but they seldom turn out as planned.

[Publius]

This is the usual boilerplate I append to these threads for those who don't understand the pieces of Article V.

***

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

[yefragetuwrabrumuy]

The huge, unanswered question is “What is the current actual count of states?”

[Publius]

8 states: AL, AK, FL, GA, IN, LA, OK, TN

[Texas Fossil]

Thank you sir.

[Trump Girl Kit Cat]

The reason I would LOVE to have a convention of the states IS TERM LIMITS!!!

[Rapscallion]

It is a method for States to reign in Federal encroachment of States authority.

That is what You want it to do but legislation in progress has a strange way of being amended as it goes along. The final legislative product is NEVER what it started as.

Of course what do I know? Only 40 years in government ranging from a senate staff to a defense bureaucracy and the intelligence community.

What are your qualifications to speak at all?