Skip to comments.Article V Congressional Amendments or a Convention of States?
Posted on 05/14/2018 1:39:01 AM PDT by Jacquerie
In the latter half of 1788 the man whom history praised as the Father of the Constitution opposed an Article V general convention of the states. Recall from last weeks squib the various state demands for a convention after the establishment of the first Constitutional congress.
While few were entirely comfortable with the draft Constitution of September 17th 1787, Federalists in several states won over enough Anti-Federalists once they felt confident the new government would call an Article V convention to sort out the various amendments recommended by most of the eleven state ratifying conventions.
Although to all outward appearances the Constitution seemed safe after Virginia and then New York ratified on June 25th and July 26th 1788 respectively, James Madison distrusted the leading Anti-Federalists, especially Patrick Henry, whose thundering rhetoric at the Virginia convention horribly shook Madisons confidence in the eventual establishment of Constitutional government. Several follow-on events confirmed in Madisons mind that Anti-Federalists could still torpedo the new government.
First, Madison attributed North Carolinas failure to ratify on August 4th to Patrick Henrys leadership among Anti-Federalists in southern Virginia and much of the North Carolina uplands.
Second, the New York ratifying conventions circular letter which called for an early Article V convention of states gave fresh hope to those who opposed the Constitution. Madison was convinced that Anti-Federalists remained powerful enough to effect an early Convention composed of men who will essentially mutilate the system.
Other leading, influential politicians such as Virginia Governor Edmund Randolph jumped aboard the early convention train.
Madison regarded New Yorks circular letter as a signal of concord and hope to the enemies of the Constitution everywhere.
(Excerpt) Read more at articlevblog.com ...
Doesn’t need a re-write.
Needs a fresh reading by people who seriously intend to follow it rather than find ways around it.
An indication: NO ONE defended Roy Moore against those bogus claims. They handed one of the surest Republican US Senate seats to a dem rather than to someone who truly supports the Deplorable Agenda. Another indication: After nearly a year and a half, there are still people on the WH Staff who go to private meetings and leak things in the press with only the purpose of slowing growing support for President Trump's accomplishments.
“Doesnt need a re-write.”
“Needs a fresh reading by people who seriously intend to follow it rather than find ways around it.”
I hereby nominate you for the You Done Said A Mouthful Award for 2018.
NEVER to a Convention of States!
Agree. As I understand it, should we ever go to a Convention of States, all of the constitution would be open to debate and up for referendum or even elimination. Im guessing the 2nd amendment would be the first victim and would be eliminated. And, the 1st amendment would be next, perhaps eliminated or severely limited by adding clauses addressing hate speech, gender specific, bunch of other garbage.
We have plenty of evidence that "our" leaders will cave. Look at the Gov of FL (and other states) who abandoned their base and their campaign promises after some staged whining by the haters. Look at Nikki Haley (and others) who dismantled huge portions of Southern history because they thought it would win them friends. Etc ad nauseum.
The potential tyrants are just biding their time.
They’ve been working on this for years.
Proposed Constitution for
the Newstates of America:
Ford Foundation and the US Constitution. Google it for more.
Hat tip CTH comments.
President Trump is, at best, a respite from the Left. The presidency is probably the only major institution they do not control. Another Bamster or Hillary will emerge. Next time, the Deep State either won’t get caught, or, if it does get caught, it won’t relinquish power.
Our Constitution needs a return to first principles. Start with repeal of the 17th Amendment and go from there.
It would be like the O.J. trial. I say divide California into 3 states and turn the 6 New England states into one.
Nice to see lots of Freepers get it that Article V is not the magic potion to suddenly turn the Congress into believers in the Document of very few pages, versus the document they and with the complicity of the Supreme Court have been amending since it was ratified. In other words we the Republic and We the People, have been article fived to the point we now have 3000 plus pages of Constitution.
The point being, the Constitution was never the “problem”. The problem has always been the inability of the Executive, Congressional, and Judicial branches of government to stay within the constraints put upon them by the Original Constitution. In my opinion more Article V effort whether by Congress or we the people, will effect no change in the direction we are headed.
That said, I do believe, as you express the Congress needs to repeal the Seventeenth Amendment and State Legislatures need to elect Senators more interested in their own and other States rights and economic viability, than is presently exhibited by the 100 people who are directly elected Representatives of the people. We have 435 of those duly elected. We don’t need a 100 more acting generally as a force against States Rights.
I’m sorry, but you understand it wrong, probably because it’s been explained wrong. There have been over 400 applications for a Convention of States since our nation’s founding, indeed, two for the Bill of Rights. What you are probably referring to is a “general” CoS which would be the wrong thing to do, and could never pass 34 states. Heck, we’re having a tough enough time passing applications that deal with the true issue at hand, the outrageously overlarge and too powerful federal government.
There is no, “rewrite” provision. Amendments are just what they are, amendments. Applications are sent until 2/3 of the states send applications whose wording is similar. But let’s guess what would happen if there was a “rewrite” provision. It would have to be agreed to by 34 states, and then ratified by 38. If your understanding of the patriots across this nation is so nefarious, then the republic is truly over, and nothing can be done. An Article V Convention of States is the only way the people of the states can cut and hack the federal government back to its limited origination.
Yes! you are correct, the swamp never intends to be drained, that is why an Article V Convention of States that scales back the federal government is so needed. In fact, it would be the only way to cut back the federal government, as you can see one man cannot do it alone. If you truly cannot trust anyone, then the republic is over and there is no longer any need to stay politically active.
An Article V Convention of States doesn’t involve Congress, it is true federalism by the people of the states. Right now, the left and the courts have caused a veritable impossibility in many ways of Congressional Constitutionalism. In other words, legislation and case law has already usurped the meaning of the Constitution. When you think that an ArtV/COS can strip those court case and laws back to original intent, you will change your mind. We haven’t been Article fived to any point, we’ve been overturned. We can use a COS to turn it back.
Joanna Martin is a crackpot.
I cannot trust that "conservative Republicans" sent to a Convention of States wouldn't be phonies who have no intention of supporting our agenda. Giving them a place to meet and manipulate the result would be insane.
Didja notice my remarks were opposed to any “rewrite” effort?
“An Article V Convention of States doesnt involve Congress”
That statement is almost deserving of ignorant post of the day. You will not believe how interested and engaged the Congress will be if we get close to an Article V. They are not going to relinquish all they have spent two centuries gaining to go quietly into the night.
On top of that, every liberal progressive organization, known and unknown organized and yet to be organized will be so actively engaged in the process you will think they were the sole sponsors, as well as the mainstream media turning the entire process into the Constitution changing circus they hope it will be.
I guarantee the delegate makeup should this idea come to fruition will be such to chill the bones of anyone who might call themselves an originalist Constitution loving Patriot. Just be patient the Congress will drive us into the crevasse soon enough or they will wake up. We both know which is more likely.
IMHO the Article V effort is going nowhere because there are enough freedom loving folks who vote and are smart about it, that they are not going to allow the Constitution to be put on the auction block in an effort to fix what isn’t broken. It is the Congress that is broken, not the Constitution. If the Congress had a clue they would attempt to repeal the 17th, on their own, and begin to right their own sinking ship.
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