Devils & Details on Article V Convention of States

“Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned.”? James Madison, “Father of U.S. Constitution”, November 2, 1788

Our U.S. Constitution provides two methods to amend or change it. Both are found in  Article V.  One is for 2/3 of both houses of Congress to propose amendments. The other is for 2/3 of the State Legislatures to “call a Convention for proposing Amendments”. Amendments proposed by either method become effective “when ratified by the Legislatures of 3/4 of the states by Conventions in 3/4 thereof”.

Our Constitution was amended 18 times since it was first adopted in 1787.  The first ten amendments were adopted together as our “Bill of Rights” in 1791.  This was part of a deal made to ratify our original Constitution, and to elect George Washington as our first President in 1788.  Our Constitution was then 17 times during the next 227 years. Each of those 27 amendments was proposed by 2/3 of both houses of Congress.? So far, the states never called a “Convention of States” or “Constitutional Convention” to amend our Constitution.

The most significant of those next 17 amendments included:

13th Amendment (1865):  Abolishes slavery

14th Amendment (1868):  Grants basic civil rights to all citizens, regardless of race.

15th Amendment: (1870): Right to vote shall not be denied on basis of race.

16th Amendment: (1913):  Permits federal income tax.

17th Amendment: (1913):  Direct election of U.S. Senators

18th Amendment: (1920):  Right to vote shall not be denied on basis of sex.

22nd Amendment: (1951):  No person shall be elected to the office of President more than twice.

26th Amendment (1971):  Right to vote shall not be denied to any citizen 18 years or older.

During the past few years, several well known conservatives proposed a “Convention of States” (Constitutional Convention) to amend or change our Constitution. ?They claim that such a convention can propose amendments with good ideas like term limits and limits on borrowing and spending.

However, many Communists, socialists, and “progressive” or “woke” Democrats also want to change our Constitution. They are proposing many bad ideas. They want to get rid of the First Amendment so that “hate speech” (speech by anyone who disagrees with them) can be punished like it is in Europe, Great Britain, Australia, Canada, and New Zealand. They want to get rid of the 2d Amendment so they can outlaw all private gun ownership as in Australia and many European countries. They want to get rid of Article I, Section 8 which together with the 10th Amendment limit the power of the federal government. They want to get rid of the Electoral College so a handful of big, socialist “sanctuary states” like California, Illinois, New York and New Jersey can pick all future Presidents.

If we have a “Convention of States” to propose changes to our Constitution, who would control it? Whose proposed amendments would come out of it? ? Even if 3/4 of all states fail to ratify bad amendments, there will be enormous pressure to change the ratification process if the big “Democratic Socialist” states with a majority of the population support them. Look at how they are already undermining support for the Electoral College!

Since 2014, Legislatures in 29 states adopted resolutions calling for a “Convention of States” to change our Constitution. There will be a Constitutional Convention if 2/3 (34) or just 5 more states adopt the resolution.

Most conservatives agree that America was great when our Constitution was understood, respected, and enforced as written.  We also agree that most Senators, Members of Congress, Judges, and State and Local Officials today routinely ignore and violate the Constitution we have now.  Why not work to elect officials who will “preserve, protect, and defend” our Constitution? If those officials ignore the clear written language of the Constitution we have now, why would they respect and comply with a different Constitution?

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  • Seth Grossman

    Seth Grossman is executive director of Liberty And Prosperity, which he co-founded in 2003. It promotes American liberty and limited constitutional government through weekly radio and in-person discussions, its website, email newsletters and various events. Seth Grossman is also a general practice lawyer.

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