Tennessee lawmakers approve 'atomic bomb of politics' (Convention of States)

sun-sentinel.com ^ | 2/4/16

[cotton1706]

Tennessee lawmakers on Thursday joined four other states in calling for a national convention on amending the U.S. Constitution to bring about limits to federal power — what one supporter touted as the "atomic bomb of politics."

The resolution sponsored by Republican Rep. Sheila Butt of Columbia passed on a 59-31 vote in the House. The Senate previously voted 23-5 in favor of the measure. The governor does not have veto power over resolutions passed by the Tennessee General Assembly.

Tennessee joins Alabama, Alaska, Florida and Georgia in approving the measure. A total of 34 states would need to pass the resolution for the convention to be called.

Republican Rep. Judd Matheny of Tullahoma, a supporter of the measure, said the resolution should serve as a signal to the federal government that state legislatures are serious about wanting a greater say.

"This is the atomic bomb of politics," Matheny said. "The federal movement must know the states have mobilized, and we have put an atomic bomb on a plane and it is flying over the District of Columbia. And if they don't listen, then we're going to get done what needs to get done."

[Publius]

It is not a "constitutional convention." Here is the usual boilerplate I post to these threads.

***

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 apply to Congress to call a Convention for Proposing Amendments. 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 unless every state deprived of that right approves. If California wants five senators, every state must have five senators. To permit violation of this principle, every state would have to ratify the amendment, not just three-fourths.

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.

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

[editor-surveyor]

.
Koch Brothers are solidly in support of the Bill of Rights.

[Jacquerie]

Excellent.

[Cen-Tejas]

Well, with all due respect, I agree with you about our guys and gals today being dumbasses compared to the founding fathers..............BUT, with a BIG BUT!

Let’s assume (I don’t know anything about you) your a typical working man, you live in a nice home in a nice neighborhood and you and your wife have a good job.

But, you and your wife have run up credit card balances of one BILLION dollars. WHAT DOOOOOOOOOOOOOOOOOOOOOO you do?

If your thinking that some how the 535 utterly CORRUPT imbeciles in our congress will fix the twenty trillion debt and rising, I have a bridge to sell you. It ain’t gonna happen. Either fundamental changes get made and we make them stick, or we are going down! Soon, you will push a wheelbarrow full of dollar bills to the local grocery store to buy a loaf of bread! Already happening in Venezuela and elsewhere.

[Jacquerie]

The hierarchy of law recognized by the Founders:

1.) The Laws of Nature and Nature's God.
2.) Constitutions of government crafted by the sovereign people.
3.) Statutory law made by legislatures authorized by constitutions.

The 1A and 2A grant nothing; they recognize God-given rights that cannot be repealed.

[Sequoyah101]

Fine, big deal. Too late.

[SC_Pete]

This is the only way.

[ProtectOurFreedom]

The gold standard prevents runaway fiat currency and restricts deficits.

[Da Bilge Troll]

"end the Federal Reserve. A free-market currency, out of the control of politicians, central planners and crony-capitalists will starve government of the printed money and debt it needs to survive."

Nice goals. What's your plan?

[Da Bilge Troll]

"the effort should go toward the repeal of the 17th Amendment."

That's on the list.

[Da Bilge Troll]

"They don't follow the current Constitution"

Actually, that's not quite true. There is much of the Constitution that is followed -- such as the Presidential term limit (so far). We still hold Congressional elections every 2 years. We still have a Congress, a President and a Supreme Court.

The structural parts are still followed and it's the structure that needs to be changed.

[Da Bilge Troll]

"It is very unlikely that the collective wisdom of the people at a new constitutional convention will equal that of the founding fathers."

Why makes you say that? I don't believe the framers were super-heroes out of a comic book. There's no reason their wisdom could not be duplicated.

[DoughtyOne]

[Art in Idaho]

Only the states, through the Framers' Article V Convention mechanism, can formulate such an amendment and put the federal entity back in the constitutional prison that Madison designed for it.

The Federal Government's exponential debt graph will be the end of our Sacred Republic:

The Federal Leviathan has to be contained or our children and grandchildren will suffer the ultimate consequences. A balanced budget amendment may be one of the amendments proposed by an Article V Convention of States.

For those who think the Article V process is too risky, I ask, "What other options do you see?"

To summarize from a previous post by GraceG:

1. Elect More Republicans - Failed due to RINO/Uni-party confluence.

2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.

3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.

4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:

5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .

So, do we do nothing and just wait for # 5?

Quick review: We need 34 states to pass an application, then Congress shall, by law, call a Convention of States as soon as it receives applications from 2/3 of the State Legislatures. That's 34 states. (So far both legislative chambers of 5 States, {Alabama, Alaska, Florida, Georgia and now Tennessee}, have completely passed their resolutions and 36 state legislative chambers or bodies have filed or passed resolutions.) Amendments are proposed and voted on at the convention. Each Amendment must be ratified by 3/4 of the states in order to become part of the US Constitution. That's 38 states.

"There are far more political and legal constraints on a runaway convention than on a runaway Congress." - Robert Natelson

Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.

****Please see this summary video from Alabama first: Convention of States - Alabama Way to go Alabama! A great introduction!

***Another good introduction video Convention of States: The Plan to Restore America

***For the Young People Overview of the COS Project at Washington Freedom Summit Laura Fennig, a COS Grassroots Coordinator, describes the COS Project plan and how you can get involved!

Rep. Bill Taylor introduces a Convention of States

Convention of States Live! with Mike Farris

The Case for an Article V Convention. Great explanation of an Article V convention to the Massachusetts State Legislature.

**** Convention of States Lots of information here.

Learn about the Convention of States The Problem, the Solution and the Strategy

Call a Convention A call for a Convention of States

Missouri state senator delivers amazing testimony (video) Reasoned speech on why we need an Article V Convention.

Article V Project to Restore Liberty Another good source.

Convention of States model Resolution

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

Mark Levin: "The Liberty Amendments" - Complete Sean Hannity Special + other Links

List of Mark Levin You Tube Videos

Citizens for Self-Governance: Convention of States Project Youtube hub - Lots of educational videos here

Mark Levin Article V, Liberty Amendments youtube video hub

Three hour video of C-Span interview with Mark Levin

*** Mark Levin's ALEC Speech, Dec 4, 2014

Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.

Curing Federal Dysfunction by Constitutional Amendment: A Primer Professor Rob Natelson

Our American Constitution, Article V Rob Natelson's Article V articles

We can fight the uniparty! States, the Natural Second Party by Jacquerie

Convention to Propose Amendments to the United States Constitution

The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process

Amendment Booklet.pdf

Friends of Article V Convention Links

The Indiana Statute that will Govern their Delegates

Congress' Present Duty to Call a Convention:

Congress' Present Duty to Call a Convention. (Part I)

Congress' Present Duty to Call a convention. (Part II)

Congress' Present Duty to Call a Convention. (Part III)

Congress' Present Duty to Call a Convention. (Part IV)

Congress' Present Duty to Call a Convention. (Part V)

Congress' Failure to Call an Amendments Convention. (Part VI)

Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th! Shorter Abstract here: Ulysses at the Mast, one page Abstract

****For those of you that still have doubts about the Article V process, please review: Responses To Convention Of States Opposition My initial concerns were resolved after reading these articles. My attitude now is Go For It!

Sarah Palin: Debunking the myths of a Convention of States

Five Myths About Article Five by Rita Dunaway

An Open Letter to the Anti-Convention of States Group by Rita Dunaway

The Article Five Solution - The Founders Would Want Us To Use It Other Rita Dunaway Article V articles Here

A Single-Subject Convention Addresses the "runaway convention" fear.

John Birch Society Denies Its History and Betrays Its Mission The original Birchers were for an Article V Convention.

Update: Convention of States by the numbers The current State count

Convention of States Progress Update From Conservative Review

Convention of States Gaining Momentum

Article V Latest News

***Indiana Statute - Duties of Article V Convention Delegates A good example for other states and one of the safeguards.

****Proposing Constitutional Amendments by a Convention of States - An Article V Handbook for State Legislators An important resource.

****State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters The Bible on Convention of States

**** State Legislators Article V Caucus State Legislators, Join up at this site!

****Most State Legislatures are in session now. 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.

Excellent Article V Letter to a State Assemblyman by Jacquerie

"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke.

Let's all work together to get this going!

[Art in Idaho]

The following letter is from Convention of States Legislative Letter:

Just sent this letter and the links to my Senator and two Representatives in Idaho:

Dear Senator ------,

Almost everyone knows our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to make changes to the federal structure when Washington, D.C., starts to abuse its authority.

Article V of the Constitution authorizes the state legislatures to call a convention for the limited purpose of proposing amendments to the Constitution.

Citizens for Self-Governance has launched the Convention of States Project to call a convention for the purpose of proposing amendments that impose fiscal restraints and limitations on the power of the federal government.

I support this approach. I want Idaho to be one of the necessary 34 states that passes a resolution calling for a Convention of the States. You can find a copy of the draft resolution and a legislator’s handbook (which briefly explains the process and answers many questions) at www.conventionofstates.com.

I ask you to support the Convention of States Project and become either the lead sponsor or co-sponsor of a resolution in this legislative session.

Thanks so much for your service to the people of our district.

Sincerely,

John/Jane Doe

P.S. **Please see this link for more information and a List of Links regarding Article V:

http://www.freerepublic.com/focus/f-news/3393003/posts?page=34#34

Thank you so much.

- - - - - - - - - - - - - - - -

Please go to Contact Your State Legislators to get their email addresses and phone numbers.

Go For It! The generations unborn are counting on You!

[GailA]

Term limit congress while they are at it, and set their pay raises to what Seniors and Ret. Military get. No retirement, no perks, pay their own health ins. Reduce the Senate to 4 yrs not 6. 2 terms and out, no house hopping, no lobbying.

[Jacquerie]

<>It is very unlikely that the collective wisdom of the people at a new constitutional convention will equal that of the founding fathers.<>

Maybe, maybe not. Times make the man, and delegates to a state convention will know that history will cast a critical eye on their decisions. Fortunately, the delegates won't need to start over. There are specific ills in our government that require a cure, such as repeal of the 17A.

Another benefit:

The enormity of an Article V state convention cannot be overstated. In the weeks leading to it, the nation will be consumed like never before in actual debate over the purpose of government and how far it has strayed from its designed purposes. A 21st century peaceful rising of the sovereign American people would be the equivalent of the 18th century "shot heard round the world," for it could mean the rebirth of the American tradition of free government. Not seen since the ratification debates of 1787-1788, anticipation of a state amendments convention will engender national discussion over the foundational maxims of the American republic.

Most importantly, the three branches will be put on notice that the sovereign people are ready and able to overrule Rome-on-the-Potomac, ready to judge the scotus judges, and are perfectly willing to restore free government.

[Cen-Tejas]

Great post!

Question though? Isn’t the article we are both writing about concerning itself with a “Constitutional Convention” which is a wholly different animal from an “Article V Convention”?

[Publius]

From a purely technical standpoint, any convention aimed at writing or modifying a constitution could be described as a "constitutional convention." But there is a reason we try to avoid that term.

The Constitutional Convention of 1787 took 80% of the Articles of Confederation, renumbered the articles via the Committee of Design, and then integrated that text with new material written by Madison concerning the Executive and Judiciary branches. The Articles were a mess, as anybody who has read them can see. The final product, a new constitution, was a terse document of about 4000 words that showed a genuine economy of prose.

Technically, you can use the formula:

Constitutional Convention = Article V Convention = Convention of the States = Convention for Proposing Amendments

The reason we avoid using the term "Constitutional Convention" is because Article V only allows "a convention for proposing amendments to this constitution." If you go back to my "boilerplate" post earlier in this thread, you can see how I parse Article V into its component parts in standard English.

The people who bandy about the term "Constitutional Convention" fall into two camps. The first is journalists who either use the term from ignorance or who intend to frighten people into thinking that a Convention of the States could toss out the Constitution and substitute something new. The second is those who oppose such a convention -- they may be liberal or conservative -- because they believe that the American people are no longer capable of self-government and may advertently or inadvertently modify or eliminate parts of the Constitution that they like.

For that reason, I've always avoided "Constitutional Convention." I used the term "Article V Convention" until one day someone said, "Dude, like what's an Article V?" I preferred "Convention for Proposing Amendments" until the current backers came up with the term "Convention of the States." I like that and abbreviate it "COS." If you go back to my "boilerplate" post, you'll see that Article V doesn't permit tossing out the Constitution and starting over, which means that a Constitutional Convention like the one we had in 1787 is outside the scope of Article V.

I recommend the "Convention of the States" usage because it's clear and succinct.

[Cen-Tejas]

.......excellent explanation and is what my understanding was also!

SO, COS it is from now on. That too cuts out interference by the feds.....................yes/no?