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Sowell: 'Messing With the Constitution'
Creators Syndicate ^ | January 12, 2016 | Thomas Sowell

Posted on 01/11/2016 11:34:38 AM PST by jazusamo

In recent years, a small but growing number of people have advocated a convention of states to propose amendments to the Constitution of the United States. The reaction to the proposal has been hostile, out of all proportion to either the originality or the danger of such a convention.

The political left has been especially vehement in its denunciations of what they call "messing with the Constitution." A recent proposal by Governor Greg Abbott of Texas to hold a Constitutional convention of states has been denounced by the Texas branch of the American Civil Liberties Union and nationally by an editorial in the liberal "USA Today."

The irony in all this is that no one has messed with the Constitution more or longer than the political left, over the past hundred years.

This began with Progressives like Woodrow Wilson, who openly declared the Constitution an impediment to the kinds of "reforms" the Progressive movement wanted, and urged judges to "interpret" the Constitution in such a way as to loosen its limits on federal power.

It has long been a complaint of the left that the process of amending the Constitution is too hard, so they have depended on federal judges -- especially Supreme Court Justices -- to amend the Constitution, de facto and piecemeal, in a leftward direction.

This judicial amendment process has been going on now for generations, so that today government officials at the local, state or national level can often seize private property in disregard of the 5th Amendment's protections.

For nearly 40 years, the Supreme Court has been evading the 14th Amendment's provision of "equal protection" of the law for all, in order to let government-imposed group preferences and quotas continue, under the name of "affirmative action."

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


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections; US: Texas
KEYWORDS: abbott; amnestypimp; constitution; conventionofstates; leftism; scotus; sowell; texas; thomassowell
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To: Big Giant Head

The Senate has no input in a COS event..

Representation is voluntary but it take 2/3 s of the States to have a Convention.

yes.....it would be a hoot...


21 posted on 01/11/2016 1:34:30 PM PST by Cold Heat
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To: pabianice

There is a vast difference between a Constitutional Convention and a Convention of the States.

yes, someone does not know their history.


22 posted on 01/11/2016 1:35:57 PM PST by Cold Heat
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To: jazusamo

Anything the convention passes has to pass 3/4 of the states. How do they “run away”?


23 posted on 01/11/2016 1:47:03 PM PST by TBP (Obama lies, Granny dies.)
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To: Publius

Excellent reply Publius - thanks!


24 posted on 01/11/2016 1:48:44 PM PST by rockrr (Everything is different now...)
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To: rockrr

Happy to help.


25 posted on 01/11/2016 1:51:05 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Cold Heat
The Senate has no input in a COS event..

Correct, one would think the STATES would have a very keen interest in overturning the 17th.

26 posted on 01/11/2016 2:02:45 PM PST by Big Giant Head
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To: Big Giant Head
one would think the STATES would have a very keen interest in overturning the 17th.

Perhaps....I rarely hear much about it though.

In any case, bypassing the congress and essentially giving them the job of "mailman" is a very appealing idea.

27 posted on 01/11/2016 2:05:53 PM PST by Cold Heat
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To: Publius

Nice Summary: 2 + 2 = V


28 posted on 01/11/2016 2:10:40 PM PST by VRW Conspirator (American Jobs for American Workers.)
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To: DH

“a Constitutional convention of states has been denounced by the Texas branch of the American Civil Liberties Union”

denounced. why not finish reading?


29 posted on 01/11/2016 2:39:18 PM PST by huldah1776
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To: wny

The repreentatives to an Article V come out of the same pools of local political parties as those who end up in DC.

How anyone thinks that the A-V representatives would be of higher purpose is unbelievable. Most of those calling for the A-V claim that the problem is with the political party members in DC.

Once an A-V closes its doors, what kind of compromising and deal-making will take place? No one knows. Defenders claim that the states could reject their results. Why would states reject the result from the political representatives they sent?

Even so, the state legislatures would then vote on the resulting amendments.

Notice that ‘the people’ or ‘the citizens’ have no bearing on this. The only involvement they have is in the state legislators they elected. They have no say in the contents of proposed amendments or in the final state votes on the results.

The advocates seem to think a better set of politicians will represent them in an A-V than the ones they send to DC, when both sets come out of the same political party cesspools.


30 posted on 01/11/2016 2:40:20 PM PST by TomGuy
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To: Publius

Threats are not absurd. Why are the employees of the VA afraid to talk? They have been threatened.


31 posted on 01/11/2016 2:42:04 PM PST by huldah1776
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To: Publius
One thing I would like to see spelled out is if the Convention will structure itself to submit proposed amendments to Congress immediately after passing, or will they hold off on submitting to Congress until the Convention adjourns?

Either way, Congress must treat each proposed amendment separately, but I wonder about the public relations of it all?

-PJ
32 posted on 01/11/2016 2:43:38 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Political Junkie Too

The usual parliamentary procedure is to formulate one or more amendment proposals, vote to pass it (them) on to Congress for disposal, and then adjourn. Administratively, the act of transmitting the proposed amendment(s) to Congress is the last act before adjournment.


33 posted on 01/11/2016 2:49:58 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: huldah1776
Employees of the VA draw federal paychecks and are dependent on the federal government for their livelihoods. Delegates to a Convention of the States are not.
34 posted on 01/11/2016 2:51:26 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: jazusamo
It has long been a complaint of the left that the process of amending the Constitution is too hard, so they have depended on federal judges -- especially Supreme Court Justices -- to amend the Constitution, de facto and piecemeal, in a leftward direction.

This judicial amendment process has been going on now for generations, so that today government officials at the local, state or national level can often seize private property in disregard of the 5th Amendment's protections.

For nearly 40 years, the Supreme Court has been evading the 14th Amendment's provision of "equal protection" of the law for all, in order to let government-imposed group preferences and quotas continue, under the name of "affirmative action."

Since the SCOTUS is the main issue, how will approving more amendments for them to ignore solve the problem?
35 posted on 01/11/2016 2:53:52 PM PST by Bratch
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To: jazusamo

No no no, don’t mess with the constitution! That would be terrible! Let’s just continue to simply ignore it like we’ve been doing for the past century.


36 posted on 01/11/2016 3:12:51 PM PST by Cymbaline ("Allahu Akbar": Arabic for "Nothing To See Here" - Mark Steyn)
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To: wny

Any amendment that came out of the convention would have to be ratified by 3/4 of the states, same as any other amendment.


37 posted on 01/11/2016 3:14:30 PM PST by Cymbaline ("Allahu Akbar": Arabic for "Nothing To See Here" - Mark Steyn)
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To: Publius
I imagined multiple committees working at different paces, resulting in independent amendment proposals working their way through the process at different speeds. I assumed that each would be voted on as they were finalized.

-PJ

38 posted on 01/11/2016 3:18:40 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Political Junkie Too

Voting approval and transmission to Congress are two different administrative acts. While amendment proposals could be transmitted to Congress piecemeal, I don’t see that as the usual parliamentary procedure. It might invite a convention to stretch the boundaries of its call and mandate.


39 posted on 01/11/2016 3:21:44 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Egon

Bump for later study


40 posted on 01/11/2016 3:50:58 PM PST by RhoTheta (US foreign policy under BO: 'Talk butchly and carry a small twig.' -- Mark Steyn)
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