Convention of the States Does Not Exist in Article V – Part 2
Proponents of an Article V Convention are in panic mode. They demand that something be done immediately to resolve our current crisis and it must be done soon.
So, they have rebranded the original Constitutional Convention of 2011, to an Article V Convention and now, its called a “Convention of the States”. This movement has created a George Orwell’s “1984” feel to it as the government is at constant war, the people are fed propaganda but the opposition is our own…federal government.
The theme is…let’s use the Constitution to reign in government but is it the government who has changed. Or society whose morals have been shaped by atheist universities. …but I digress. Constitutions have been used to restrain “the People” such as the Socialist Constitution of North Korea, Red China or Russia. Could we end up with a Socialist Constitution, about as much as we could get something fixed through a bunch of lawyers and politicians restructuring our founding document.
As proponents for a Convention of the States cheer for state government to come in and save the day. Let’s analysis Article V. It’s only 143 words.
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the applications 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 U.S. CONSTITUTION EMPOWERS THE STATES to conduct a “Convention of the States”. Article V empowers the states with two responsibilities; States may apply for a convention and ratify any proposed amendments. Proponents say that the founders intended for the convention process to bypass Congress or empower the states but it does not such thing for a so called “Convention of the State”.
States Control the Convention. Some states are proposing laws in hopes of controlling their delegates. Once the states submit their applications, they cannot control the convention process. Proponents are trying to convince State legislatures they can control delegates with jail sentences or removal from the convention but again, they are just forfeiting their voice in this convention. If the convention moves from the appointed agenda, the only thing an entity outside the convention can do is remove it’s voice from the convention.
Congress calls the Convention . “The Congress…shall propose amendments” or “shall call a convention for proposing amendments” Some believe that States can call a Convention upon application of two-thirds of the states but that is not the case. The true case is that upon two-thirds of both “houses” or upon application of two-thirds of the several states, “The Congress” proposes amendments or calls a convention.
“Shall be part of this Constitution” Our Constitution was devised from the Articles of Confederation. When the founder’s entered the Convention, States needed to unanimously ratify proposals. We don’t need the argument of delegates changing their mandate, as the New York delegates did. Once they were finished, three-fourths of the States were needed to ratify a new Constitution…the other three states either ratified or were without a country. What’s to say that a new ratification process couldn’t be proposed in a new Constitution? They could lower ratification to 26 states, leaving the remaining 24 without a nation, then the 24 would be with a massive debt and the old government.
Hopefully, you’ll see this whole dilemma has changed about having reign in the federal government by using the Constitution, the “supreme Law of the Land” as the authoritative foundation. While our nation is in internal conflict, it is not the time to open up the Constitution for debate. …or attempt to use a document to control behavior. We might wanna be careful because that behavior they claim they want to change…may be “the Peoples”