Posted on 07/17/2014 11:53:03 AM PDT by dignitasnews
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-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:
Implicitly forbidden:
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
Nothing will change until patriots and good, liberty-loving people resign themselves to the necessary and inevitable drastic measures required. The Founding Fathers thought it worthy to place their lives on the line for. I guess we don't value those principles any longer to that extent.
Tell me how your revolution would work. It isn’t an unusual refrain at FR.
If point Z, the endpoint is restoration of freedom, what are some of the intervening events, beginning perhaps with point A?
Actually, with a Republican congress, this would be the fastest way to restore order, effectively neutering Obama for his last two years.
Convention of States - Alabama Way to go Alabama! A good introduction.
'Convention of states' to rein in government? Another great summary explanation.
The Case for an Article V. Convention. Fantastic explanation of Article V convention to the Mass State Legislature.
I would recommend watching the above three videos first and then:
Convention of States Lots of information here.
Article V Project to Restore Liberty Another good source.
A Summary of Mark Levin’s Proposed Amendments by Jacquerie
Chapter 1 of Mark Levin’s Book, The Liberty Amendments
Mark Levin, Constitution Article V, and the Liberty Amendments
Rep. Bill Taylor introduces a Convention of States
Mark Levin Article V, Liberty Amendments youtube video hub
Three hour video of C-Span interview with Mark Levin
Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.
Convention to Propose Amendments to the United States Constitution
The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process
Friends of Article V Convention Links
Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th!
Article V Convention: Path of Least Resistance by Robert Berry
The Final Constitutional Option
Article V Handbook - for State Legislators An important resource.
State Legislators Article V Caucus State Legislators, Join up at this site!
Send this list of links to your State Representatives and Senators here: Contact your State Legislators.
Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points. Both from Here.
Excellent Article V Letter to a State Assemblyman by Jacquerie
Let’s all work together to get this going.
The Federal Government is broken. We owe it to The Founders and ourselves to attempt a rational Article V amendment process. If it doesn't work, or is hijacked, then fine, it's on to what we're all expecting anyway, revolution. It's your call America.
The President of the United States, in coordination with central American governments, leads an invasion of tens of thousands across our southern border.
He will suffer no political retribution or even effective resistance.
Presidential tyranny isn’t a fuzzy possibility; it is here.
We should fear an amendment convention of the states?
My revolution?
You just made the case why a revolution won't ever be realized.
Okay. I'm the nutty fringe. Pay no attention to me.
In a nutshell, that’s exactly what this would (could) do.
For all those wringing their hands about the GOPe...you may have a valid point, but there’s a bigger point, as I see it. A Constitutional Convention is our last chance to save the country as we know short of armed conflict.
In that context, I think it is worth a try.
or weasel word the 2nd amendment out of existence
Okay, I’ll reword my question.
When Americans rise up, how will events conclude in restoration of freedom?
You really think a new Constitution or new amendments will mean anything to the same politicians that ignore all the rest of them?
I don’t
in this environment with “progressives” in control, the worst idea in the world is a Constitutional Convention...
The only worthwhile amendments are structural, like those proposed by Mark Levin.
why? what will they eliminate? constitutional government?
Am I mistaken in my understanding that the scope of the Convention can be *limited* to only those Amendments that the State conventions approve for the Convention? TIA
When Congress issues a Convention Call, something Hamilton said in Federalist #85 was mandatory upon the receipt of petitions from two-thirds of the states, it places the description of the scope taken from the petitions into the language of the Convention Call. Under the Principle of Agency, Congress merely acts as the Secretary, issuing an Agency Agreement, which is the Convention Call based upon the states' petitioning language.
The Amendments Convention is the Agent. Under the Principle of Agency, the Agent is bound by his Agency Agreement. That agreement in turn is based upon the language of the petitions from the states.
Anything introduced at an Amendments Convention that is outside the scope of the Agency Agreement -- the Convention Call -- is out of order.
Thank You very much for that very informative (and educational) reply!
Even Adams and Franklin realized that declaring independence wasn't enough; that they needed a document that made plain for all to see the acts of tyranny.
If, as you suggest.. it does nothing more than expose for all to see the way the politicians see the rule of law and the Constitution, it will serve a purpose.
It will justify what some say is the inevitable conclusion: armed conflict, civil war, revolution.
Having followed the procedures in Article V and then having it ignored, will lay the groundwork for legitimizing any armed rebellion that follows if and when some states resort to defending their sovereignty as a last resort.
-PJ
Jefferson and those guys also did not think that document would be worth crap after a generation or two. They thought new revolutions would be needed every so often.
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