Friday, February 3, 2017

Convention of the States

Convention of the States, or in some cases referred to the Con Con is the 2nd way in the Constitution that allows our US Constitution to be modified.

Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

The first problem is we haven't done this since we created our constitution in Sep. 17, 1787.  The last time we had a convention of the states we got a new US Constitution.

The 2nd problem is that the State Legislatures Tell Congress to call a convention. Congress fully believes based on our Constitution that they get to set the mode of ratification, the rules, etc.

In 2015 and 2016, I actively fought these resolutions, because they are binding on the state, and I don't trust the people in Washington DC to improve our constitution, even if the states have to agree with the changes. We have had one or more of these Convention resolutions  pass, but I helped kill others of them in the House Judiciary and so they didn't even get sent to that committee.

Is the Federal Government out of control based on the US Constitution, yes. Is this the way to fix it, putting our whole US Constitution at stake to be re-written, No!