Posted on 08/22/2013 1:05:12 PM PDT by Red Badger
Sen. Tom Coburn, R-Okla., explained to a town hall of his constituents that he wanted to call a national Constitutional Convention after reading Mark Levin’s new book, The Liberty Amendments.
“I used to have a great fear of constitutional conventions,” Coburn said according to the Tulsa World. “I have a great fear now of not having one.”
As the Tulsa World notes, a national convention is called by two-thirds of the state legislatures and is one of two ways the U.S. Constitution can be amended.
Coburn made his remarks in Muskogee, Okla.
A Constitutional Convention would be solely at the discretion of the States, without any input or interference from Congress. That’s the whole idea, to bypass Congress...........
“But who in the state? The governor? The State Legislature? A committee of that legislature? That’s the key. Let the GOP get control of enough governorships and/or legislatures and it should be a breeze, right?.................... “
That duty would generally fall to the state legislatures. If it was done in committee, they would still need a full floor vote.
Maybe Coburn's thinking a convention would vote on its decisions by state. That won't happen. Too many delegates would want the votes to be apportioned by population.
I could see a constitutional convention (if one ever happened) breaking up over just that issue.
Regardless, they got everything that the proposed amendment would have given them anyway through legislation.............
Better idea:
Have your state pass an amendment repealing the 16th amendment
The delegates to any Constitutional Convention will be made up of politicians. The thought of opening up the Constitution to the Pelosis and Reids and McConnells and Boehners of the world to “fix” it scares the hell out of me.
It is the Last best hope.............
We repealed the 18th (Prohibition). The 16th is only two numbers lower - would be nice to take out the 17th while we're at it, but not if it complicates things...
“Better idea:
Have your state pass an amendment repealing the 16th amendment”
It doesn’t work that way. A state may not originate the amendment process. It has to come from the congress or from a convention.
What difference does the language of the Constitution make? No one follows it now anyway...
Besides, would the asshats running the country then be referred to as the new “founders?”
A constitutional convention is the most dangerous idea I have heard lately.
Amendments can be proposed and voted on by the states if changes are required.
Once a constitutional convention is opened, everything can change. Do we really want to do that when the left control so much of the power right now?
This idea is insane.
What convention originated the ERA amendment that passed in so many states?
“The delegates to any Constitutional Convention will be made up of politicians. The thought of opening up the Constitution to the Pelosis and Reids and McConnells and Boehners of the world to “fix” it scares the hell out of me.”
The members of the original convention and the state convetion were the politicians of the day (a much wiser lot, mind you). There will definitely be politics involved in choosing the delegates, as there was then. It will be battled out in the legislative chambers. This is how we do things in republican governments.
The congress originated the ERA amendment. A convention has never been used.
it’s a bad idea all around
Two Supreme Court decisions, Dillon v. Gloss in 1921, and Coleman v. Miller in 1939, grant Congress wide latitude to regulate all facets of the amendatory process provided that regulation does not contravene the words and intent of Article V. This is why Congress believes it has the right to regulate an Amendments Convention. The ABA Report also agrees with this and features recommendations for congressional legislation to determine delegate choice and conduct of the convention.
In the end, I suspect the Supreme Court will have to decide just how much leeway Congress has to regulate an Amendments Convention.
“Amendments can be proposed and voted on by the states if changes are required.”
They cannot. Only the congress or a convention can submit amendments to the state legislatures for ratification.
And one of Levin’s amendments is to grant the power to the states to originate ameendments.
“it’s a bad idea all around”
We know the congress will not act. We must bypass them. They don’t see to care about bypassing us all the time.
Anyone care to share Levin’s amendments?
No, the State's start the process, Congress has to call it by law (Constitution), but haven't in the past. The GOP does control congress (somewhat), and we have hot potato IRS issue now working for us. Perhaps opportunity is knocking...
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