Posted on 03/14/2014 5:46:08 AM PDT by bestintxas
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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.
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
Well, the Framers disagreed with you. The early state constitutions leaned heavily toward democracy. Governors were kept weak and often appointed by the legislatures. Property was far from secure.
It didn't work out. Too much popular will lead to the problems that brought about the federal convention.
The Framer's design fragmented power between the states and the new government they created. The 17th Amendment did away with vertical division of power and overnight we went from a federal republic to a democratic republic.
We can blame 99% of our current troubles on the 17th Amendment, and no semiannual series of elections will cure what ails our dying republic. The states have the constitutional authority to reclaim the power they gave away 101 years ago. It must be done.
We are generally disappointed with state legislators because we ask little of them.
I am not content to put myself in the hands of one prez, nine blackrobes, and 535 congressmen from a distant, mentally detached, and oblivious, Rome like city-state.
I urge you to find out why, on your own...
"Opponents of an Article V convention appear to be more worried about the potential for a runaway convention than they are about the runaway federal government that has already distorted or rendered meaningless several constitutional provisions: the Commerce Clause, the Fourteenth Amendment, the Establishment Clause, the Tenth Amendment, and so forth."
"We can encourage our state legislatures to call for an Article V convention run by the several states that may not succeed, or we can try what we know for certain does not work: voting in the same old establishment politicians to Congress and the presidency. To me, the choice seems easy."
Research links on the Article V process and the Liberty Amendments:
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.
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
Article V Project to Restore Liberty
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 Amendmentby 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
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.
thank you, my checking has long since been done...
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If you have a plan that will accomplish that (since that's exactly what we've been trying to do for a century), I would be very interested in seeing it!
Article V requires that they do. I they do not, they are in breech of the Constitution and it moves to the courts.
If you have an alternate plan, I'd be interested!
I should just make a “boiler plate” reply to these threads...
If you believe in the founders, then you’ll understand WHY they put Article V in the Constitution... It’s the LAST option we have... PLEASE don’t bore us all with “the founders would be shooting by now” BS because that’s not the case and you won’t be doing it either...
Conservatives get their a$$es handed to them because we surrender on most everything... Don’t like what’s on TV... Cancel it... Don’t like what the school is teaching... Homeschool the kids... Facebook & twiiter are liberal hell-holes... Avoid them...
Meanwhile, the progressives NEVER EVER NEVER stop moving forward... EVER... They may slow... They may hide... but they NEVER stop and WE have to live in the US they have created... And they are in BOTH parties...
At some point BEFORE it’s too late, we are going to have to move the ball back in the other direction... If not for you then for future generations...
Article V is an option the founders provided and they would be pi$$ed that we have never used it...
I agree with you.
This thread is full of people who lack any political will. If they were in charge, they would be wimpering about the awful English and never do anything of substance.
We need to execute what those brilliant people who put together than document wanted us to do. Not easy, but it was not easy for what they did either.
My point was not clear. They physically do not need to do anything. If not, do they send in the National Guard, the army, police? Just simply do not do anything. Your assumption is that there are people who will take it to the next step. I say that is questionable at best. These scum do not play by the rules or respect the laws.
You mean idiotic fantasy ping? ;)
Great Post!
Where did you get all that common sense?
No this will work.
It is the perfect solution.
If only the RINOs would get out of the way.
“There are no Washingtons or Madisons or Franklins or Rutledges or Randolphs or Masons or Gerrys around today to send to a constitutional convention. “
Yes, there are. I can think of two: Dr. Walter Williams and Dr. Thomas Sowell. They both know history and economics, love liberty, have sharp minds and are acutely aware how the present Governing Class has managed to circumvent and nullify the Constitution.
I had a prof in college who taught a course on US Government. I remember him talking about a Constitutional Convention and wondering, once called and in session, how it would operate? Could you have a Convention that was limited to what it could act on or one where it could pass on anything it wished? Would the State Legislatures have to vote on all proposed changes or could they cherry pick amendments?
To date, I can't think of any elected official who refused to follow the results of a Constitutional election. The closest was when Harry Reid dragged his feet when seating Scott Brown in Massachusetts.
If we want to talk about a coup, let's see a replaced Senator refuse to leave his office.
-PJ
First, it wouldn't be a single document, it would be a package of amendments, each ratified separately by 38 states.
If something like that were to come out of a runaway convention, all it would take is 13 states to stop it by not ratifying the amendments.
-PJ
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