Posted on 11/07/2013 3:03:07 PM PST by Jacquerie
INDIANAPOLIS - The leader of the Indiana Senate has invited lawmakers from every state to join him Dec. 7 at Mount Vernon, George Washington's Virginia home, to discuss the state-led process for crafting amendments to the U.S. Constitution.
Senate President David Long, R-Fort Wayne, asks in a letter written to fellow legislative leaders that each state send a bipartisan group of three delegates to the "Mount Vernon Assembly."
He said the meeting will lay the groundwork for a Convention of the States that would, when established by Congress, propose amendments to change various provisions of the Constitution.
"The authors of the Constitution included a state-led amendment option as a check on a runaway federal government," Long said. "The dysfunction we see in Washington, D.C., provides an almost daily reminder of why this option is needed now more than ever."
The initial meeting won't actually consider potential amendment topics, Long said. Instead, it's intended to set up the rules to be followed if and when a constitutional convention is called.
There are two authorized methods for changing the nation's fundamental governing document. The only one that has been used is when two-thirds of Congress proposes an amendment and three-fourths of the states (38 states) ratify it.
However, the Constitution also permits what has come to be known as an "Article V convention," named for its placement in the fifth section of the Constitution.
Under that scenario, two-thirds of state legislatures (34 states) ask Congress to call a Convention of the States for proposing constitutional amendments. If the convention approves an amendment, it then can be ratified by three-fourths of the states and added to the Constitution without congressional approval.
Because an Article V convention has never been called, there are no clear rules on how it would begin — does every state have to pass an identical convention request? — what rules the convention would follow or whether it could be limited in scope.
The primary criticism of the convention idea is the possibility that a "runaway convention" will scrap the entire Constitution.
In fact, the current U.S. Constitution emerged from a convention called to recommend fixes to the Articles of Confederation, America's first constitution.
Long tackled the "runaway convention" issue earlier this year for Indiana by winning approval of two new laws that severely restrict the ability of a Hoosier delegate to a future Article V convention to make decisions outside the explicit instructions provided by the General Assembly.
An Indiana delegate that acts contrary to the wishes of the legislature not only is automatically replaced, but also faces up to three years in prison.
"I was proud to see Indiana lead on this issue in the most recent legislative session and I will continue to support it as a legitimate tool of the states to push back against federal overreach and restore a more proper balance of power," Long said.
He said the Mount Vernon Assembly will devise a "prudent and cautious process" other states can follow to ensure an Article V convention remains focused on specific subjects.
Long has indicated he supports a convention that would propose amendments limiting the power of Congress to impose taxes and regulate business.
Many things to change. For instance repeal of the income tax amendment. Passing an amendment that prohibits any form of taxation other than a national and state retail sales tax. Elimination of the congressional authority to tax at all except in a national emergency and then only after approval by two thirds of the states or more. Prohibition of all forms of transfer payments. Elimination of judicial review. And many more that Mark Levin has in his book. The intent is to eliminate the ability of a mendacious government to enslave us. Repeal of the 17th is a vital part.
Another chance for Nancy Pelosi to wield a gavel.
They work to help set up grass roots, state organizations to influence their state legislatures.
I have heard Levin push this idea on his show. I don’t think that there is a group alive today that could come anywhere close to our founders in intellectual terms. So, I think this is a very dangerous idea. Of course, I could think of somethings that could be improved and some of the amendments changed or repealed, but I am very skeptical that any changes that would result from a current day Constitutional Convention would actually increase our liberty or advance our unity as a nation. I think a much better idea would be to demand that the Constitution is followed, not altered.
Why would the states, in the aggregate, commission pinko delegates?
A lot of states will be sending moderates and leftists who would make up a majority coalition
The idea is to return to the federal system of our framers.
To demand the constitution be followed without a structure to enforce it, is a pipe dream. Our framing generation wrote of this and created a senate of the states to ensure power was vertically divided and most importantly, to secure our rights.
This is my concern.
States will send delegates with commissions, not representatives with plenary powers.
Here is Indiana’s statute:
http://www.freerepublic.com/focus/f-news/3088806/posts
Risky supposition. I know that Texas would do its part, but I am more concerned about rinos and dems changing things they don’t like. I don’t trust them.
Thanks for the link.
I guess it all hinges on the “scope of instructions” that the delegates would be given.
I am sure delegates from liberal land would have very disagreeable instructions (to we FReepers).
I understand the urge to fix things, but I am very concerned that this could make things worse.
The founders wrote a constitution for a people that were generally moral and just. They well knew the historical progression of republics into decay and tyranny. And they provided methods for the people to work around a tyrannical government. As I recall George Mason insisted on Article Five to provide us a peaceful way to right the ship of state. Is there recourse to correct our present problems in the existing constitution? Yes. BUT it will not be used. The marxists in congress have more than enough numbers to prevent any correction. For instance, there will never be impeachment of judges that violate their oath of office. Nor will congress eliminate the chairs of offending judges. The marxists in congress will protect them. And we will not replace them because they lie straight to our faces and they have rigged elections with gerrymandering and voter fraud. There is no other way except rebellion. And no one wants that.
The congress won’t quit supporting tyranny. And they will not support correcting the problems and curtailing their power. It is time to get past hopes and dreams face reality. The marxists are in charge of all the centers of power in this country. Article five is our next to last hope. And that hope hangs by a thread.
You are correct, the Constitution as written by the Founders was for people who were generally moral and just, to allow the Constitution to be fiddled with by people today who generally are not moral and just is simply lunacy.
At a minimum it means the congress, president and courts have lost our trust and confidence.
There is no chance the people who profit so well by the system they helped corrupt, will implement necessary reform.
There really is no alternative.
Recall that over half the states fought Obamacare. There may be more support to wrest power from Washington than we realize.
It’s not really the Constitution that is sinking, it is the morals and dignity of the people that is sinking.
The only way I would support a new constitutional convention is if I were a delegate. Even then, I would be suspicious of myself. We are all subject to the forces and influences of contemporary America. Could we improve on the Constitution? Maybe. Could we make matters worse? Just as likely.
I would have to learn more about the people involved before I think that this is a good idea. Interesting post, lots of food for thought.
Bad idea! Read Matt Bracken’s new book and see why. “Foreign Enemies and Traitors” is the title.... and, he is a Freeper!
You have the crux of the dilemma. So basically we are now their slaves. It will only get worse and worse. All we have to do is not try.
I don’t believe the states would send lunatics to the CC. Additionally I believe any foolish amendment would be voted down handily. I believe your fear, while on the surface reasonable, is not well founded. Beyond that, there is no other choice.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.