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To: Secret Agent Man
Its not an unstructured fre for all, they would only vote on the items outlined as to why the convention was being called.

In what fantasy world? There is ZERO Constitutional, Legal, legislative, executive, or other power with ANY authority to control ANYTHING about a COS. Once convened, the COS delegates are legally bound to NOTHING. And with the Liberal states having the lion's share of the delegates -

A convention could write its own rules. The Constitution provides no guidance whatsoever on the ground rules for a convention. This leaves wide open to political considerations and pressures such fundamental questions as how the delegates would be chosen, how many delegates each state would have, and whether a supermajority vote would be required to approve amendments. To illustrate the importance of these issues, consider that if every state had one vote in the convention and the convention could approve amendments with a simple majority vote, the 26 least populous states — which contain less than 18 percent of the nation’s people — could approve an amendment for ratification.

A convention could set its own agenda, possibly influenced by powerful interest groups. The only constitutional convention in U.S. history, in 1787, went far beyond its mandate. Charged with amending the Articles of Confederation to promote trade among the states, the convention instead wrote an entirely new governing document. A convention held today could set its own agenda, too. There is no guarantee that a convention could be limited to a particular set of issues, such as those related to balancing the federal budget. As a result, powerful, well-funded interest groups would surely seek to influence the process and press for changes to the agenda, seeing a constitutional convention as an opportunity to enact major policy changes. As former Chief Justice Burger wrote, a “Constitutional Convention today would be a free-for-all for special interest groups.” Further, the broad language contained in many of the resolutions that states have passed recently might increase the likelihood of a convention enacting changes that are far more sweeping than many legislators supporting these resolutions envision.

A convention could choose a new ratification process. The 1787 convention ignored the ratification process under which it was established and created a new process, lowering the number of states needed to approve the new Constitution and removing Congress from the approval process. The states then ignored the pre-existing ratification procedures and adopted the Constitution under the new ratification procedures that the convention proposed. Given these facts, it would be unwise to assume that ratification of the convention’s pro­posals would necessarily require the approval of 38 states, as the Constitution currently specifies. For example, a convention might remove the states from the approval process entirely and pro­pose a national referendum instead. Or it could follow the example of the 1787 convention and lower the required fraction of the states needed to approve its proposals from three-quarters to two-thirds.

No other body, including the courts, has clear authority over a convention.

The Constitution provides for no authority above that of a constitutional convention, so it is not clear that the courts — or any other institution — could intervene if a convention did not limit itself to the language of the state resolutions calling for a convention. Article V contains no restrictions on the scope of constitutional amendments (other than those denying states equal representation in the Senate), and the courts generally leave such “political questions” to the elected branches. Moreover, delegates to the 1787 convention ignored their state legislatures’ instructions. Thus, the courts likely would not intervene in a dispute between a state and a delegate and, if they did, they likely would not back state efforts to constrain delegates given that delegates to the 1787 convention ignored their state legislatures’ instructions.

119 posted on 01/30/2019 11:14:39 AM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: TheBattman

<>The only constitutional convention in U.S. history, in 1787, went far beyond its mandate<>

You display a common defect among COS opponents: ill-informed rants about the 1787 federal convention.


121 posted on 01/30/2019 12:37:12 PM PST by Jacquerie (ArticleVBlog.com)
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To: TheBattman

<>The Constitution provides for no authority above that of a constitutional convention, so it is not clear that the courts — or any other institution — could intervene . . . <>

Thank God.

The authority is We the People, once again acting through our states. However, you are quite correct in that no other institution may intervene. Article V was purposely made a stand-alone section distinct from the others. It simply outlines peaceful means to improve government without resort to revolution.


122 posted on 01/30/2019 12:45:16 PM PST by Jacquerie (ArticleVBlog.com)
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