Skip to comments.Article V OF THE CONSTITUTION OF THE UNITED STATES
Posted on 03/20/2010 1:48:32 PM PDT by Bobby_Taxpayer
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
There are already 38 states prepared to challenge Obamacare. The Constitution requires only 33 for a convention
This is a good primer on how the process would work, as legislated by Congress in 1992.
A lot of people oppose opening up a convention because they’re afraid they’ll go undoing the original Constitution. It’s certainly a risk — but my view is we’ve already lost our original constitution. States still have to ratify the damn thing, it’s not like if they propose to eliminate the first amendment it’s a done deal.
The amendment we should offer and pass is a simple one... “The tenth amendment really means what it says.”
That would take care of everything.
I can just see the list of delegates to any present day convestion. Unfortunately, we have reached that glorious phase in our history where we can no longer stand our political vices and could not tolerate the necessary remedies.
An Article V Convention is the agent of the states, and the principle of agency forbids the agent to go outside the scope of the agency agreement, which is the petition for the convention.
Click on the post above for how it would work.
You could be one of those delegates from your state. Click on the link above to the essay to see why.
I agree, I think it would be a good idea and the fears (while understandable) aren’t really anything to worry about. But we have to convince a lot of fellow conservatives.
If the state defines the language of the petition carefully, there is no threat of a runaway convention. Judge Napolitano has classified this as a "calculated risk".
the 1992 law is unconstitutional. you’d have to amend the constitution to allow for any regulation of the Article V Convention.
for those afraid of a convention, you seem to forget that simply holding elections for delegates will open discussion that media/politicians do not want opened. that in and of itself will stop our slide into oblivion.
the convention cannot open the constitution, only discussion about which way to go from here.
there is an inevitable conclusion to what we’re experiencing. we either dust off the constitution and put it to work, or prepare for the worst.
Publius fails to mention that the 1992 law also allowed that Congress determined if the applications were “fresh”. It could determine what amendment would be considered and refuse to send it to ratification if it did not approve the proposed amendment and MOST IMPORTANTLY OF ALL, IT ALLOWED FOR CONGRESS TO EDIT OR CHANGE THE AMENDMENT IF IT SO DESIRED. Finally, all of this was based on two thirds votes in both houses of Congress that if not achieved meant the proposed amendment was not allowed to become part of the Constitution.
Please provide the citation for this suit you are discussing. To my knowledge it does not exist. Most certainly it would have been referred to in the two federal lawsuits of Walker v Members of Congress and Walker v United States and neither was mentioned by the government.
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.