(Georgia) House backs constitutional convention (first full state!)

ajc.com ^ | 2/20/14 | Aaron Gould Sheinin

[cotton1706]

The Atlanta Journal-Constitution

The state House on Thursday passed a series of bills and resolutions aimed at calling for a national constitutional convention to rein in spending in Washington.

The House, largely along party lines, adopted House Bill 794, House Resolution 1215, Senate Bill 206 and Senate Resolution 371.

The U.S. Constitution allows for states to call for a convention to consider amendments. If two-thirds, or 34, states adopt similar resolutions, a convention is ordered. The proposals adopted Thursday call for a convention and outline how a potential Georgia delegation would be named.

[cotton1706]

One state down!

[E. Pluribus Unum]

This is an Article 5 convention, right?

[Publius]

Article V ping.

[Graybeard58]

Careful what you wish for.

[Publius]

Yes.

[Publius]

My usual boilerplate for these threads.

-- BEGIN --

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.

• The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.
• The Amendments Convention Method requires the legislatures of two-thirds of the states to petition Congress to call a Convention for Proposing Amendments. The states may request a single-subject convention or a general convention open to all subjects. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.

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:

• State Legislature Method, or the
• State Ratifying Convention Method.

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:

• No amendment may be added to the Constitution concerning slavery or capitation taxes until 1808. We’re past that deadline.
• No amendment may be added to the Constitution to change the principle of equal representation in the Senate. So if California wants five senators, every state must have five senators. To permit this principle to be violated, this provision in Article V would first have to be amended; it would be a two-step process.

Implicitly forbidden:

• The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution”; therefore, the Constitution of 1787 is locked in place forever. Congress and an Amendments Convention have exactly the same Proposal power; therefore, neither Congress nor an Amendments Convention can start over. Both bodies can only propose amendments. To permit the drafting of a new constitution, this provision in Article V would first have to be repealed; it would be a two-step process.

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

[so_real]

This ... is ... awesome !!!

[Secret Agent Man]

yeah i don’t think we’d particularly enjoy a new constitution written by the rinos and gop-ers not to mention dems, liberals and marxists, and the various political lobbyists - unions, chamber of commerce, agenda 21/globalist groups, etc.

[Secret Agent Man]

implied would be trampled over by democrats and obama. look what he’s doing to the constitution now.

[FreedomPoster]

GA ping list ping.

[Publius]

Before you use the term “new constitution”, please read Post #6 in detail.

[Repeal The 17th]

Read up and educate yourself before you post.
Don’t be part of the disinformation campaign.

[Repeal The 17th]

“... trampled over by democrats and obama ...”
-
Obama would have nothing to do with it.

[Texas Fossil]

The Constitution we have is not perfect, but far better than anything that would be created by a governing body today.

The problem is not the constitution, but the extra Constitutional power grab of the Fed Gov.

It is TIME to DownSize DC!

It is TIME to move the center-of-gravity of the Fed Gov from DC forever.

It is TIME to put those who plot and subvert the Constitution in Jail. They took an oath to protect and defend the Constitution. Hold them accountable.

[RIghtwardHo]

While it will NEVER happen ... utter insanity to even hope for it.

[Kaosinla]

Excellent!

[Uri’el-2012]

(Georgia) House backs constitutional convention

Clearly Aaron Gould Sheinin is an ignorant scribbler at the AJC

[Repeal The 17th]

We dood it!

[Secret Agent Man]

yeah i saw.’apparently it isn’t explicitly forbidden.

al i can say is when you deal with delegates from a party where they passed obamacare by a gut/replace measure and changed the cloture rules that have existed for 230+ years,

i will tell you that anything “implied” is going to be ignored if it gets in their way.

who will stop them? who is stopping them now? who has stopped’obama from taking over legislative powers?

why do you imagine our delegates will somehow have the nads to stop their delegates?

[Repeal The 17th]

“... It is TIME to DownSize DC!
It is TIME to move the center-of-gravity of the Fed Gov from DC forever ...”
-
And this is exactly what the convention of states wants to do.
Read up on it.