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To: Publius
Excellent essay. I've been curious about the convention method since the Kelo decision.

Just curious, you stated the following:

In 2000 Walker v. US attempted to litigate the issue of the petitions for a convention that had been piling up for 200+ years.

Who is initiating these petitions? Are there any significant ones?

27 posted on 04/25/2007 2:30:39 PM PDT by kidd
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To: kidd
Mr. Walker of Auburn (WA) was a FReeper back in the old days pre 9/11. He was a truck driver who read up on everything available about a Convention for Proposing Amendments and got me interested in the in's and out's of the subject. Mr. Walker spent 6 years writing a legal brief that took two whole binders to contain and filed his suit in federal court in Seattle on the day the Electoral College chose Mr. Bush in 2000. (I helped him file.)

Because convention delegates have to be elected, Walker argued (for standing) that he was being denied his right to run for convention delegate by Congress' refusal to call a convention based on 500+ petitions gathered over 200+ years. Walker argued that Congress' 1992 law regulating a convention was unconstitutional because the Convention was a sovereign body free of congressional regulation.

Congressman Billybob explained to me that the flaw in Walker's reasoning was the concept of agency, which Walker did not recognize. Apparently, the federal court agreed.

A few months later, Judge John Coughenor, a Reagan appointee and former constitutional law professor at the University of Washington, dismissed Walker's suit.

31 posted on 04/25/2007 2:43:27 PM PDT by Publius (A = A)
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