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34 States Call for Constitutional Convention - and Possible Rewrite
Newsmax ^ | April 11, 2014 | Andrea Billups

Posted on 04/13/2014 5:05:22 PM PDT by EveningStar

Even with Michigan recently becoming the 34th state to call for a Constitutional Convention, it's not at all certain that a rewrite of the nation's founding document is close at hand...

Unless called to deal with a specific issue, some legal experts warn a "runaway" convention could create chaos.

"Let's assume that we get Congress to call for a convention, and we are deliberating about one item. Maybe that would stick. But how can you be confident that once you open the door to a constitutional convention, even if for one narrow amendment, that it won't just become a runaway convention?" said Steve Hayward, a visiting scholar in conservative thought and policy at the University of Colorado in Boulder.

"It seems to me that our Constitution may have problems these days, but I think most conservatives would be very nervous about opening it up to a new convention," Hayward told Newsmax...

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: amendment; amendments; amendmentsconvention; articlev; articlevconvention; constitution; convention; conventionofstates; libertyamendments; marklevin; soros; statesconvention
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1 posted on 04/13/2014 5:05:22 PM PDT by EveningStar
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To: EveningStar; Jacquerie; Publius

Here we go again.
It is NOT a “constitutional convention”.
It is an Article V Convention Of The States to propose amendments to the Constitution.


2 posted on 04/13/2014 5:09:23 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: EveningStar
Because the States still have to ratify any amendments?

/johnny

3 posted on 04/13/2014 5:10:01 PM PDT by JRandomFreeper (Gone Galt)
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To: EveningStar

I thought a State Convention was different from a Constitutional Convention in that the former is where States get together to nominate ideas for amendments, and those amendments would be voted on at the latter?


4 posted on 04/13/2014 5:10:45 PM PDT by Reddy (bo stinks)
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To: EveningStar

Watch ACORN, SEIU, OFA, the ACLU, NAACP, Black Panthers, LaRaza, LULAC, PETA and all those groups crowd in on this...


5 posted on 04/13/2014 5:11:34 PM PDT by 2ndDivisionVet (I will raise $2M for Cruz and/or Palin's next run, what will you do?)
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To: EveningStar; All

NOT NOW!

THAT DOCUMENT IS JUST FINE THE WAY IT IS.

THE ONLY THING LACKING IS RESPECT AND COMMON UNDERSTANDING OF THE ENGLISH LANGUAGE.


6 posted on 04/13/2014 5:13:27 PM PDT by mabarker1 (Please, Somebody Impeach the kenyan!!!!)
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To: EveningStar

This is how you spell disaster.

D I S A S T E R


7 posted on 04/13/2014 5:14:49 PM PDT by RIghtwardHo
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To: EveningStar

It is a way out of the union, simply refuses to ratify the outrageous new constitution. We would be fine if we take the states we now control and form a new country SEPARATE from the ones Liberal’s dominate.


8 posted on 04/13/2014 5:15:04 PM PDT by Monorprise
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To: 2ndDivisionVet

Watch ACORN, SEIU, OFA, the ACLU, NAACP, Black Panthers, LaRaza, LULAC, PETA and all those groups crowd in on this...
********************************************************************

They would indeed...joined by the likes of the GOPe “stacking” the convention. Until conservative Republicans get stronger control of State legislative bodies and Governorships along with more legislatures and governorships that they currently don’t control, I would be somewhat fearful of a “run-away” convention dominated by progressives.


9 posted on 04/13/2014 5:15:29 PM PDT by House Atreides
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To: Reddy

“I thought a State Convention was different from a Constitutional Convention in that the former is where States get together to nominate ideas for amendments, and those amendments would be voted on at the latter?”

That is my understanding. Althou in practice our State delgations could propose any amendment they want including a whole new Constitution


10 posted on 04/13/2014 5:16:06 PM PDT by Monorprise
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To: Repeal The 17th

Call me a radical or a crazy man but I have an idea. How about we try out these amendments that we already have in place before we or alter or further amend the Constitution?


11 posted on 04/13/2014 5:16:30 PM PDT by Antihero101607
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To: Repeal The 17th

http://www.dailypaul.com/312151/socialists-and-soros-fight-for-article-v-convention

Socialists and Soros Fight for Article V Convention


12 posted on 04/13/2014 5:16:32 PM PDT by opentalk
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To: Antihero101607

“...How about we try out these amendments that we already have in place...”
-
How’s that workin’ out for ya’?


13 posted on 04/13/2014 5:18:47 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: 2ndDivisionVet

Watch out on this.

Once a Constitutional Convention is convened, ANY change can be proposed to any of the Articles and any of the Ammendments. And any new ammendments can be submitted.

Our DEMs know this and are out for mischeif. How about Ex-Justice Brennan’s fixes to the 2nd Ammendment. That’s up for entry and knowing the DEMS, they’ll try to ram it hrough.

Thank God it requires ratification of 3/4 of the states.


14 posted on 04/13/2014 5:19:07 PM PDT by plangent
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To: EveningStar

And JUST did a little research and it appears there may not be 34. Even those scholars that want a Convention say there are only 23. The issue is whether or not a State can rescind. That means a good 5 years or more through the Courts IF a suit is brought. And even then it takes 38 to ratify. So this is truly just an exercise. Interesting from a Constitutional analysis perspective though.


15 posted on 04/13/2014 5:21:00 PM PDT by RIghtwardHo
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To: RIghtwardHo; All

The problem with the Constitution is it requires people of integrity to hold a majority of the positions. We’re past that point. They are using the Constitution to rebuild the US. Much of it is through activist judges and the continuous reinterpretation of law.

The following are examples of amendment topics that could be discussed at a convention of states:

A balanced budget amendment
A redefinition of the General Welfare Clause (the original view was the federal government could not spend money on any topic within the jurisdiction of the states)
A redefinition of the Commerce Clause (the original view was that Congress was granted a narrow and exclusive power to regulate shipments across state lines–not all the economic activity of the nation)
A prohibition of using international treaties and law to govern the domestic law of the United States
A limitation on using Executive Orders and federal regulations to enact laws (since Congress is supposed to be the exclusive agency to enact laws)
Imposing term limits on Congress and the Supreme Court
Placing an upper limit on federal taxation
Requiring the sunset of all existing federal taxes and a super-majority vote to replace them with new, fairer taxes

http://conventionofstates.com/the-strategy/


16 posted on 04/13/2014 5:21:35 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: opentalk

That is just pure absolute unadulterated boo-sheet.
Soros might have wet dreams about a “constitutional convention”,
but he and his ilk run scared of an Article V Convention of the States.

You need to understand the difference in the two.


17 posted on 04/13/2014 5:22:10 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: plangent

It would need enough assent by “flyover states” to have not much chance of anything stupid getting in.


18 posted on 04/13/2014 5:22:14 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: EveningStar

Pointless.


19 posted on 04/13/2014 5:24:35 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: 2ndDivisionVet
Watch ACORN, SEIU, OFA, the ACLU, NAACP, Black Panthers, LaRaza, LULAC, PETA and all those groups crowd in on this...

Watch these slime bags try to disarm patriotic Americans.

20 posted on 04/13/2014 5:25:40 PM PDT by Mark17 (Chicago Blackhawks: Stanley Cup champions 2010, 2013. Vietnam Vet 70-71 Msgt US Air Force, retired)
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To: Repeal The 17th

Not this S*&t again...

Newsmax (and the writer) TOTALLY discredited themselves with this CON CON crap... Does ANYONE here read Article V of the constitution? There is NO provision for a CON CON... only an alternate way to PROPOSE amendments...

I would HOPE all those idiot groups listed would show up and let’s have the PUBLIC debate of the future of the county...

Sadly, it appears FR has our own group of LIV’s...


21 posted on 04/13/2014 5:26:07 PM PDT by bfh333 (William Wallace was right! ~~~ FRRRREEEEEEEEEEEDOM ~~~)
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To: EveningStar

Once again we see the scare tactic of a ‘runaway convention’.

These ivy league academic scarecrows don’t realize that our US Constitution limits Article V activity to proposing and passing amendments, requiring 2/3s of states to propose and pass and 3/4s of states to ratify into the Constitution. That’s a very high bar.

Yet Congress could do the same as the states and they could do it today. AND THE QUESTION IS .... who do we trust more? The ruling class in Congress or ourselves?


22 posted on 04/13/2014 5:26:30 PM PDT by Hostage (ARTICLE V)
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To: Jacquerie; Publius

If the small majority of America that is represented on free republic does not understand,
then how will America as a whole ever understand?


23 posted on 04/13/2014 5:28:34 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: HiTech RedNeck

Wasn’t it Obama who complained that the Constitution was a document of Negative rights.

That’s right. It is a document of “no”.

The Constitution was the ceding of state’s authority to the Federal Government with limited rights. The states hold the power. The last 150 years have seen such an erosion of that fact.

Be aware and be scared.


24 posted on 04/13/2014 5:28:52 PM PDT by plangent
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To: EveningStar

The Constitution doesn’t need to be re-written. Just obeyed. Same with the immigration laws.


25 posted on 04/13/2014 5:29:34 PM PDT by Old Yeller (In Latin, the word sinister means left. Which is appropriate for left-wingers.)
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To: bfh333

Agreed, see #23.


26 posted on 04/13/2014 5:30:00 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: EveningStar

REPEAL the 16th and 17th Amendments, it will fix itself.


27 posted on 04/13/2014 5:30:39 PM PDT by eyeamok
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To: plangent

People hankered for an emperor. The tail began to wag the dog.


28 posted on 04/13/2014 5:31:13 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Repeal The 17th

Here... Here....

Understanding is only a click away... The amount of time it took to come here and read through the posts would have been well spent at the COS website...

http://conventionofstates.com/welcome/


29 posted on 04/13/2014 5:31:31 PM PDT by bfh333 (William Wallace was right! ~~~ FRRRREEEEEEEEEEEDOM ~~~)
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To: 5thGenTexan; AllAmericanGirl44; Amagi; Art in Idaho; Arthur Wildfire! March; Arthur McGowan; ...

Here we go again.


30 posted on 04/13/2014 5:33:16 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: EveningStar

Stopped as soon as I read the propagandist and malinformed buzzwords “Constitutional Convention”. Those terms are the battle cry for the drones.


31 posted on 04/13/2014 5:33:20 PM PDT by Kaosinla (The More the Plans Fail. The More the Planners Plan.)
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To: Reddy
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

32 posted on 04/13/2014 5:35:38 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: 2ndDivisionVet

They’repulling a reverse bootleg pass. Its a trick. Open the conversation to changing the Constitution and there will outside forces trying to dissect it and remove key amendments.


33 posted on 04/13/2014 5:36:17 PM PDT by jsanders2001
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To: Repeal The 17th; EveningStar; Jacquerie; Publius
Here we go again.

It is NOT a “constitutional convention”.

It is an Article V Convention Of The States to propose amendments to the Constitution.

These lies about a con-con are coming
from the John Birth Society.

34 posted on 04/13/2014 5:39:41 PM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your teaching is my delight.)
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To: EveningStar

BUMP - FOR LATER


35 posted on 04/13/2014 5:40:59 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders)
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To: EveningStar
Here is my amendment to the Second amendment: The right of the people to keep and bear arms shall not be infringed.

Yes, I know...

5.56mm

36 posted on 04/13/2014 5:41:46 PM PDT by M Kehoe
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To: jsanders2001

Seriously? The only way to REMOVE an amendment is to REPEAL it... Remember prohibition?

So lets says we have an Article V convention and an Amendment comes out to repeal the 2nd...

Do you REALLY think that 13 states won’t say HELL NO to that?

http://conventionofstates.com/welcome/


37 posted on 04/13/2014 5:44:20 PM PDT by bfh333 (William Wallace was right! ~~~ FRRRREEEEEEEEEEEDOM ~~~)
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To: Mark17

“Watch these slime bags try to disarm patriotic Americans. “

Well, that’s where “Molon Labe” would enter into, wouldn’t it?


38 posted on 04/13/2014 5:44:21 PM PDT by PLMerite
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To: EveningStar

The Constitution as written is just fine. We just need to use it again. This convention would be a disaster, does anyone think for an instant that the current crop of thieves, hacks and morons in power could approach the brilliance of Madison et al?


39 posted on 04/13/2014 5:45:08 PM PDT by wny
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To: bfh333

0 will get his army of zombie rats to try to repeal the 22nd amendment...


40 posted on 04/13/2014 5:46:03 PM PDT by jsanders2001
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To: UriĀ’el-2012
These lies about a con-con are coming from the John Birth Society.

They cannot be engaged with logic, cannot be reasoned with, tout the same tired worn-out false arguments over and over... and over again. They are like a dog with a bone. Unfortunately, they are completely correct when it comes to Agenda21, CommonCore and other commie issues... thus getting some ears to listen that otherwise might not, but they have some ax to grind with COS, and won't budge no matter what reasoning is put to them.

F' em.

41 posted on 04/13/2014 5:46:26 PM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: JRandomFreeper
Because the States still have to ratify any amendments?

Not all of them.

How many went to Obama?

42 posted on 04/13/2014 5:47:55 PM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: EveningStar
Unless called to deal with a specific issue, some legal experts warn a "runaway" convention could create chaos.

AHEM:

43 posted on 04/13/2014 5:49:09 PM PDT by arderkrag (To conquer oneself is a greater task than conquering others. - Buddha)
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To: Publius

I am growing tired of this.
Many of those who are open-minded have already understood.
Many of the rest are becoming drones.
At this point, the only question that I ask is this:
Tomorrow, Congress can propose an Amendment to repeal the 2nd Amendment. Congress is empowered by Article V to do so.
How do you feel about this?
Their answer to this lets me know if further discussion would be productive.


44 posted on 04/13/2014 5:50:00 PM PDT by dontreadthis
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To: grobdriver
It takes 2/3ds of all states to propose an amendment, and 3/4 to ratify it. The libs can't get rid of the 2nd with an Art. 5 Convention.

/johnny

45 posted on 04/13/2014 5:51:04 PM PDT by JRandomFreeper (Gone Galt)
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To: jsanders2001

Yes, because 13 states are going to vote for that as well... Did you go to the link I provided?

The COS is talking about limiting CONGRESS as a whole... I don’t believe an amendment would make it out of an Article V Convention to repeal 22...


46 posted on 04/13/2014 5:51:13 PM PDT by bfh333 (William Wallace was right! ~~~ FRRRREEEEEEEEEEEDOM ~~~)
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To: EveningStar
"It seems to me that our Constitution may have problems these days, but I think most conservatives would be very nervous about opening it up to a new convention," Hayward told Newsmax...

The Constitution doesn't have 'problems'. The politicians have problems. I'll be very interested as to which of them eventually try to get the results of a Constitutional convention declared unconstitutional.

47 posted on 04/13/2014 5:51:31 PM PDT by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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To: bfh333

> Yes, because 13 states are going to vote for that as well... Did you go to the link I provided?

No. But I am now


48 posted on 04/13/2014 5:54:11 PM PDT by jsanders2001
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To: Monorprise

Once they shut the doors and convene, they can do just about anything they want.

That is sort of how we got the current Constitution. Delegates met to reform the Articles of Confederation.

==

In the current political environment, the delegates could end up doing more damage than good.


49 posted on 04/13/2014 5:54:47 PM PDT by TomGuy
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To: grobdriver

State Legislatures control an Article V convention...

2/3 to propose and 3/4 to ratify...

This is why that LOCAL guy in your state is so important...


50 posted on 04/13/2014 5:55:06 PM PDT by bfh333 (William Wallace was right! ~~~ FRRRREEEEEEEEEEEDOM ~~~)
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