Posted on 11/03/2018 3:05:27 PM PDT by Jacquerie
A simulated convention was held and admendments were proposed.
“Why not just come up with an amendment one at a time like any other?”
Because we as a people are no longer capable of self-government. Democrats and other leftists blatantly ignore the Constitution now. Layering on more and stricter Constitutional controls is, unfortunately, a fool’s errand.
But the COS is highly risky as you say. There is not clean way out other than the people becoming willing to abide by the Supreme Law of the Land. But that ship has sailed.
Yep.
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” - Thomas Jefferson
On the other hand, most clauses in our Constitution are ‘soft’ in nature, and comprise what James Madison referred to as mere parchment barriers. For instance, soft clauses are among the myriad that deal with regulation of commerce, taxation, free speech rights and the placement of all legislative powers in congress. These, the soft clauses, are disregarded, if not inverted, to serve purposes opposite of their clear intent.
On closer inspection, we’ll find that hard Constitutional clauses have an institution or an interest group to defend them. Otherwise, and without defense, they are sure to fall into the soft category and be soon disregarded.
To keep the entirety of our Constitution in force requires institutions designed for the continued defense of hard clauses and renewed defense of soft clauses. For instance, the scotus’ infamous 1942 Wickard v. Filburn opinion regarding interstate commerce did enormous and continuing damage to state sovereignty. Despite the clear wording of the commerce clause and the Tenth Amendment, Wickard or a similar ruling was an eventual certainty since the states had not been in the senate to defend their interests since 1913. A senate of the states had previously ensured the commerce clause remained in the hard clause category. The 17th Amendment doomed many previously hard clauses into soft clause irrelevance. There are other examples. To the extent that the Second Amendment is intact is not due to its enumeration in the Bill of Rights. The 2A remains in force due to attentive citizen groups who stand ready to render electoral hell on politicians who waver on this fundamental right.
I’m ready. An Article V Convention, even if only for the balanced budget will send the right message and do the right thing. Then onward to repealing the 16th and 17th.
***
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.
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 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:
Implicitly forbidden:
Reference works:
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
The usual FUD. Congress can and does propose amendments all the time. Why are the concern trolls not shaking in thier boots over that process? Some of the ones Congress passed were real stinkers. No surprise they Centralized power in Washington. Most of the ones Congress sent to the states died during the process. With 3/4’s of the states needed to ratifiy any proposed amendments the worry should be the good ones that wouldn’t pass from a COS.
Layering on more and stricter Constitutional controls is, unfortunately, a fool’s errand.
Not if that includes capital punishment for the various infractions. What we need now is a COS to hold Nuremberg-style treason trials and mass hangings on the national mall. Then we can go from there...
We also need a mile-wide no-man’s-land on the Mexican border with Claymore mines every 25 yards and A-10 Warthog patrols overhead 24x7.
1. Repeal 17th amendment. Put state representation back in the Senate
2. Balanced budget with pay down
3. Sell Federal lands except national parks and military
4. Term limits for congress and SCOTUS
5. Repeal 16th Amendment
<>I fear our Constitution would end up looking like the European constitution, with thousand of pages, trying to detail everything.<>
Scotus and the Administrative State have done just that.
I’d drink to that...
Why not just come up with an amendment one at a time like any other?
Well said.
;)
Your boilerplate is saved to my hard drive. Keep posting it. The more who know...
Or not
Lordy you people licked on the 17th amendment ought to go back and look at the bribery and scandal and smoke filled rooms that were characteristic of that time
Precisely
Cut Spending
We are taking in record taxes
Cut spending
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