Convention of the States Does Not Exist in Article V – Part I
No need to go far to see what’s wrong with our nation, all you need to do is watch how Article V of the Constitution is being implemented. All you need is to read Article V of the U.S. Constitution then refer to those calling for an Article V Convention, Convention of the States and a Constitutional Convention.
We do not need a U.S. Constitutional Convention. There is a push for States to apply for a U.S. Constitutional Convention to either propose Constitutional Amendments or restructure our government. I wish to identify the dangers of such a Convention using only Article V of the Constitution. Hopefully, this will convince you to oppose any type of U.S. Constitutional Convention.
The United States Constitution has endured 226 years of trials and tribulations as the supreme Law of the Land. Our ancestors fought in civil wars, two World Wars, the Great Depression, many recessions, along with many other atrocities to bring our country to where it is today. Even though they endured the ages, the Constitution and the Bill of Rights are the foundation of our law system and have propelled all of our lives to new heights. It has produced the highest number of Nobel winners, medical, business and technological advances known to man but there are some who are calling for a convention.
A U.S. Constitutional Convention is being called different names. American Legislative Executive Council (also known as ALEC) advocates for an “Article V Convention” while Mark Levin encourages a “Convention of the States”. No matter what you call it, the basis of these conventions is Article V of the U.S. Constitution.
States are empowered with two powers according to the U.S. Constitution, Article V. They shall apply for a convention and ratify proposed amendments. States cannot control it or call a convention. It’s questionable whether delegates can be controlled as many state legislatures are proposing and by no means can the agenda be controlled. Once the two-thirds of the state apply, Congress calls the convention but no one knows where it will go from there.
Constitutional Amendments proposed for this convention run the gamete. Amendments include a balance budget amendment, term limits, Supreme Court, eminent domain and even “Citizens United.” Whether your issue is with the budget, property rights or corporatism, there’s bound to be an amendment appealing to gain your support in your state applying for a U.S. Constitutional convention.
Hopefully, you, as do I, oppose a U.S. Constitutional Convention but if you are not convinced, attached is further analysis. Professor Tribe, a Harvard Law School professor, explains the justification of the dangers of a Convention.