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Right Seeks Unprecedented Convention to Amend Constitution
Associated Press ^ | November 3rd 2018 | MATT SEDENSKY

Posted on 11/03/2018 3:05:27 PM PDT by Jacquerie

NEW YORK (AP) — Whatever success Republicans have amassed in taking control of all three branches of U.S. government, and whatever fate awaits them as midterm elections near, some on the right are working to cement change by amending the Constitution. And to the mounting alarm of others on all parts of the spectrum, they want to bypass the usual process.

They’re pushing for an unprecedented Constitutional convention of the states. While opponents are afraid of what such a convention would do, supporters say it is the only way to deal with the federal government’s overreach and ineptitude.

“They literally see this as the survival of the nation,” said Karla Jones, director of the federalism task force at the conservative American Legislative Exchange Council, which represents state lawmakers and offers guidance and model legislation for states to call a convention under the Constitution’s Article V.

Among the most frequently cited changes being sought: amendments enforcing a balanced federal budget, establishing term limits for members of Congress, and repealing the 17th Amendment, which put the power of electing the Senate in the hands of the public instead of state legislatures.

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


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 17thamendment; articlev; caselaw; conventionofstates; cos; gramsci; originalintent; repealthe17th
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To: Jacquerie

A simulated convention was held and admendments were proposed.


41 posted on 11/03/2018 4:05:14 PM PDT by Nateman (If the left is not screaming, you are doing it wrong.)
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To: the OlLine Rebel

“Why not just come up with an amendment one at a time like any other?”

Because we as a people are no longer capable of self-government. Democrats and other leftists blatantly ignore the Constitution now. Layering on more and stricter Constitutional controls is, unfortunately, a fool’s errand.

But the COS is highly risky as you say. There is not clean way out other than the people becoming willing to abide by the Supreme Law of the Land. But that ship has sailed.


42 posted on 11/03/2018 4:06:40 PM PDT by ProtectOurFreedom
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To: Nateman

Yep.


43 posted on 11/03/2018 4:10:17 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” - Thomas Jefferson


44 posted on 11/03/2018 4:11:58 PM PDT by PIF (They came for me and mine ... now it is your turn ...)
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To: ProtectOurFreedom
Some clauses of the Constitution are observed, while most are not. Those in force are those that established the three branches, elections, Washington DC as the seat of government, presidential vetoes, etc. I regard these as ‘hard’ clauses, those that are observed and unabused.

On the other hand, most clauses in our Constitution are ‘soft’ in nature, and comprise what James Madison referred to as mere parchment barriers. For instance, soft clauses are among the myriad that deal with regulation of commerce, taxation, free speech rights and the placement of all legislative powers in congress. These, the soft clauses, are disregarded, if not inverted, to serve purposes opposite of their clear intent.

On closer inspection, we’ll find that hard Constitutional clauses have an institution or an interest group to defend them. Otherwise, and without defense, they are sure to fall into the soft category and be soon disregarded.

To keep the entirety of our Constitution in force requires institutions designed for the continued defense of hard clauses and renewed defense of soft clauses. For instance, the scotus’ infamous 1942 Wickard v. Filburn opinion regarding interstate commerce did enormous and continuing damage to state sovereignty. Despite the clear wording of the commerce clause and the Tenth Amendment, Wickard or a similar ruling was an eventual certainty since the states had not been in the senate to defend their interests since 1913. A senate of the states had previously ensured the commerce clause remained in the hard clause category. The 17th Amendment doomed many previously hard clauses into soft clause irrelevance. There are other examples. To the extent that the Second Amendment is intact is not due to its enumeration in the Bill of Rights. The 2A remains in force due to attentive citizen groups who stand ready to render electoral hell on politicians who waver on this fundamental right.

45 posted on 11/03/2018 4:14:40 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Publius

I’m ready. An Article V Convention, even if only for the balanced budget will send the right message and do the right thing. Then onward to repealing the 16th and 17th.


46 posted on 11/03/2018 4:15:59 PM PDT by Wneighbor (Weaponize your cell phone! Call your legislators every week.)
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To: Wneighbor
This is the usual pedantic boilerplate that I post to these threads for those who don't understand the process.

***

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 fourths 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:

Reference works:

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters

47 posted on 11/03/2018 4:17:26 PM PDT by Publius
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To: Jacquerie

The usual FUD. Congress can and does propose amendments all the time. Why are the concern trolls not shaking in thier boots over that process? Some of the ones Congress passed were real stinkers. No surprise they Centralized power in Washington. Most of the ones Congress sent to the states died during the process. With 3/4’s of the states needed to ratifiy any proposed amendments the worry should be the good ones that wouldn’t pass from a COS.


48 posted on 11/03/2018 4:17:59 PM PDT by Nateman (If the left is not screaming, you are doing it wrong.)
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To: ProtectOurFreedom

Layering on more and stricter Constitutional controls is, unfortunately, a fool’s errand.

Not if that includes capital punishment for the various infractions. What we need now is a COS to hold Nuremberg-style treason trials and mass hangings on the national mall. Then we can go from there...


49 posted on 11/03/2018 4:21:59 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: Artemis Webb
Respectfully disagree. States must ratify any CoS proposed amendments with the same super majority an amendment proposed by congress requires. It is a very high bar. Even considering the large majority of state legislatures presently held by republicans we are still short of the super majority required to ratify an amendment. So, while marxist mischief is certainly a concern, I think the threat posed is vastly overstated. Let’s get our feet wet on this process in the first CoS by limiting the proposed amendment to repeal of the 17th. That way we can analyze and correct any administrative problems before calling a second CoS to completely defang the elites and the marxist swamp dwellers and any other aristocrats.
50 posted on 11/03/2018 4:24:32 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Electric Graffiti

We also need a mile-wide no-man’s-land on the Mexican border with Claymore mines every 25 yards and A-10 Warthog patrols overhead 24x7.


51 posted on 11/03/2018 4:24:36 PM PDT by ProtectOurFreedom
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To: Jacquerie

1. Repeal 17th amendment. Put state representation back in the Senate
2. Balanced budget with pay down
3. Sell Federal lands except national parks and military
4. Term limits for congress and SCOTUS
5. Repeal 16th Amendment


52 posted on 11/03/2018 4:26:08 PM PDT by DownInFlames (Galsd)
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To: Mr Ramsbotham

<>I fear our Constitution would end up looking like the European constitution, with thousand of pages, trying to detail everything.<>

Scotus and the Administrative State have done just that.


53 posted on 11/03/2018 4:27:19 PM PDT by Jacquerie (ArticleVBlog.com)
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To: ProtectOurFreedom

I’d drink to that...


54 posted on 11/03/2018 4:31:47 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: the OlLine Rebel

Why not just come up with an amendment one at a time like any other?


I agree the Convention of States does have a scary side. Anything proposed would still have to win approval in 38 states. But can you picture 2/3 of each house of Congress voting for term limits? 2/3 of the Senators voting to allow being elected by their state legislatures?


55 posted on 11/03/2018 4:33:54 PM PDT by hanamizu
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To: Nateman

Well said.


56 posted on 11/03/2018 4:34:11 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Publius

;)

Your boilerplate is saved to my hard drive. Keep posting it. The more who know...


57 posted on 11/03/2018 4:35:14 PM PDT by Wneighbor (Weaponize your cell phone! Call your legislators every week.)
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To: Jacquerie

Or not

Lordy you people licked on the 17th amendment ought to go back and look at the bribery and scandal and smoke filled rooms that were characteristic of that time


58 posted on 11/03/2018 4:38:14 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Artemis Webb

Precisely


59 posted on 11/03/2018 4:38:42 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Jonty30

Cut Spending

We are taking in record taxes

Cut spending


60 posted on 11/03/2018 4:42:08 PM PDT by Nifster (I see puppy dogs in the clouds)
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