Wisconsin passes resolution calling for a constitutional convention -Only 6 more states are...

Badger Herald ^ | November 8, 2017

[central_va]

>>>>A convention of states is a convention called by the state legislatures for the purpose of proposing amendments to the Constitution. They are given power to do this under Article V of the Constitution. It is not a constitutional convention. It cannot throw out the Constitution because its authority is derived from the Constitution.

We explain a Convention of States further here.

[central_va]

If the CoS only does one thing and that is to repeal the 17th amendment then it will be a success.

[Publius]

The state legislatures select their own delegates to the convention, and the delegates at the convention elect their own presiding officers and determine their rules of conduct.

This is the usual boilerplate that I append to these threads.

***

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 fourths 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

[central_va]

Very likely the states would have broken up and been conquered as separate entities. It was a very close thing.

Conquered by who? The aricles of confederation were still in effect and provided for a combined military. You are making up fairly tales.

[central_va]

What we are doing now is not working. If a CoS turns out ugly then we had nothing to lose. The USA was already f’ed to begin with. It was/is going down hill anyway..

[SGCOS]

...Hey, while we're all here let's get rid of the electoral college.."

I can see it happening...

[huldah1776]

Hopefully Levin is right, but what an opportunity to totally destroy the republic by the commies without firing a shot.

[marktwain]

The British only started abiding by the terms of the treaty at the end of the Revolution after we held together during the war of 1812. The states were already starting to bicker between themselves to the point of armed conflict.

It is not hard to see New York aligning itself with Britain to join Canada, and the combination taking out whoever in New England wanted to stay out.

Of course, all this is just a fairy tale, just as the idea of the Confederacy forming a lasting union is a fairy tale.

There were many compelling reasons for the new Constitution, which is why it happened.

[central_va]

If there was a NO Secession article included in the orignal USC then it would have NEVR been ratified.

[Oldeconomybuyer]

Agree.

[marktwain]

Where is this Secession article?

I agree, it seems to have been implicit.

But I do not see an explicit article.

[central_va]

That’s my point. There is no secession article.

[marktwain]

That’s my point. There is no secession article.

---

I do not understand your point.

Are you saying the United States Constitution (U.S.C.) was never ratified?

[Jacquerie]

One thing is certain about Article V COS opponents; they prefer ignorance. With that in mind, I'll still give you a chance.

Here is the first part to a seven part series, "Whatever Happened to the Articles of Confederation?"

[Jacquerie]

If all that was necessary is to send good men and women to government, then rule by one would suffice.

The structure of institutions matter more than the character of those we send. It was point of a bicameral house, one elected by the people, and a senate that was directly responsible to state legislatures. The Framers knew man’s nature, and designed a government with that in mind.

To the quick, the 17th Amendment must go, and it will not go without an Article V COS.

[gunnyg]

“Here is the first part to a seven part series, “Whatever Happened to the Articles of Confederation?”
++++++++++++++++++++++++++++++++++++++++

Thanx for the great opportunity!
;)
***
Likely ended up in the outhouse behind the state house in Philly!
That’s the way “They” have always operated!
++++++++++++++++++++++++++++

[Jacquerie]

For that, we must resort to the Declaration of Independence.

[marktwain]

Armed insurrection is always an option.

It is the main reason (but not the only one) for the Second Amendment.

[JesusIsLord]

The structure of institutions matter more than the character of those we send.....

I have to respectfully disagree. I believe it's the "lack of" character of those elected to govern that has got us here. What is here? It's a nation that has allowed activist judges, corrupt politicians and corrupt political parties and other corrupt persons to bastardize the Constitution beyond recognition.

For decades and possibly from our founding, we have had a Congress unwilling to impeach and remove those who traitorously and purposely fail to uphold the Constitution. We have Presidents illegally making law through Executive Orders. We have judges illegally legislating from the bench. We have the Federal government exercising power relegated to the states and people.

My point is that our Constitution is fine. It's just not being followed. If we had a COS that ultimately resulted in amending our Constitution to somehow give power back to the people without sending people to Washington who will impeach and remove traitors - we'll eventually be right back "here".

My bigger fear would be that a COS will be dominated and influenced with liberal, anti-Christian, anti-Conservative politicians, media, academia etc, which would result in something much worst than what we have today.

There is no quick fix. We need to continue working at the grass roots to put people in office who will "uphold the Constitution of the United States" and who are committed to putting traitors in prison or at the end of a noose.

[yoe]

(how this works)