Isn’t there a danger of the radical left taking over the Convention as they are prone to take over by force on every issue?
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.
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:
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 fourths 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:
Implicitly forbidden:
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
I dont believe a runaway CoS is possible. However, for the sake of argument, lets postulate repeal of the second amendment is approved by the CoS. Is it effective at that time? Nope. It is only a proposed constitutional amendment. The proposed amendment must be ratified by three quarters of the states to become effective. This is the ultimate check on a run away convention.
Nope. The states will send delegates with strict commissions and limits to what they can approve.
I suspect the first COS will not find 51% support for any amendments, and thus disprove the “runaway” fears.
Isnt there a danger of the radical left taking over the Convention as they are prone to take over by force on every issue?
Of course not, what could possibly happen./s