Replies

I'm going to help you understand the amendatory process. This is some pedantic boilerplate I post to these threads to explain how Article V works.

BEGIN

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. The states may request a single-subject convention or a general convention open to all subjects. 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 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. To permit the drafting of a new constitution, this provision in Article V would first have to be repealed; it would be a two-step process.

I have two reference works for those interested.

The first is from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country.

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. While I dislike some of their conclusions, they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see the view of the ruling class toward the process.

Report of the ABA Special Constitutional Convention Study Committee

END

A Convention of the States only possesses the power to propose amendments. It would take the legislatures (or ratifying conventions) of 38 states to ratify an amendment into the Constitution.

Do you honestly think that 38 states would ratify a harebrained Leftist amendment?

Do you honestly think that 38 states would ratify a harebrained Leftist amendment?

Possibly not but if not then the it will be turned into a zoo, purposefully, by the powers that be, with who knows what result. I know damn well if major conservative changes were adapted the powers that be won't just accept it gracefully. We're a lot like the final years of the Roman Republic in my opinion.

It may be “pedantic boilerplate” but it needs saying on a regular basis in the forum since we all can’t immediately grab Mark Levin’s book. Thanks!!

Thank you for detailing the con con process for us.
I do not trust the outcome of any alteration of the constitution by this genetation’s legislators.
They have proven again and again that they are only motivated by their own self interest.
They lie, misrepresent, and do not care about the future of our country or its citizens.
Bills always bear contrary results compared to their benevolent name, ie: Patriot Act, Affordable Care Act, NDAA, No Child Left Behind, 2015 Border Security - All deliberately crafted to actually diminish national and individual security and liberty.
So no, I don’t trust any of our legislators to improve anything, especially the US Constitution.
We don’t need to amend our constitution, at all.
We must amend all of our leadership!