Who's Smarter than a 5th Grader - The Founders or the JBS?
Posted by RimCountry 10 years, 7 months ago to Politics
In another thread, (http://www.galtsgulchonline.com/posts/14...), Flootus5 and I were discussing the pros and cons of an Article V Convention of States to Propose Amendments to the Constitution. We had arrived at a point in the colloquy where it hinged, as most such discussions do, on who is correct - the John Birch Society, who protest the States having a role in amending the Constitution, or the Founders, who clearly thought differently.
It was decided to move the discussion to its own thread, so here it is.
It was also decided to begin with the language of A5, so here that is, verbatim:
"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."
It was decided to move the discussion to its own thread, so here it is.
It was also decided to begin with the language of A5, so here that is, verbatim:
"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."
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There has been but one Constitutional Convention, and that was called not under the authority of the Articles of Confederation, but under the powers that the sovereign states had reserved to themselves. The purpose of that convention was very broadly defined, in that the delegates were empowered to recommend any and all expedient changes to remedy a failing political system. The resultant document is today’s Constitution. Nowhere does it provide for the authority to call for another Constitutional Convention, nor does it allow the states to retain their sovereign capacity to do so unilaterally. It does, however, provide the authority for a convention of states to propose amendments to the Constitution. For the purposes of this discussion, that distinction must be acknowledged, and the term “Con-Con” set aside for use in debating Constitutional Conventions at some other time in some other discussion.
I think there is a very high potential for what you say. The amount of money and international influence is almost limitless. Generations of Americans have been dumb downed and many have no concept of the founding and the precepts of a constitutional republic. Laws and restrictions are now observed by the powerful only when they want too and the potential for the complete subversion of the US is great.
Having said that, part of the discussion revolves around the question of whether there is a difference or not between a Constitutional Convention (a Con-Con) and what is being called an Article V Convention of the States. Mark Levin has contributed to the recent momentum of the movement with his book entitled "The Liberty Amendments". A major group currently pushing this concept is called The Convention of the States (COS).
Article V provides for three mechanisms to amend the Constitution. Congress can propose amendments to go to the State legislatures for ratification requiring three fourths in number, the States can apply to Congress if two thirds agree to call for a Convention for proposing amendments then requiring the three fourths of the State legislatures to ratify, or if conventions are held in three fourths of the States successfully proposing and ratifying the same amendments. The latter is clearly a logistical issue so the historic pushes for a Convention have been with the effort to gain enough States to apply to Congress to call a Convention.
Article V provides two primary methods for calling a National Convention for amending the Constitution. Either way it is a Constitutional Convention. Now COS is trying to change what has been historically referred to as a Constitutional Convention or the Con-Con with something called an Article V Convention of the States. But clearly there is no difference after the National Convention has convened.
So, resolving the discussion to what is truly at heart here, is whether it is a wise thing or a dangerous thing to call for a Con-Con. A major objection from those that say no to a Con-Con is that it would become a “runaway” Convention with all kinds of potential chicanery from the likes of George Soros funded leftists groups and others gaining a foothold and radically changing the fundamentals of our existing Constitution. The pro Con-Con folks maintain that the Convention can be limited ahead of time and presumably to Mark Levin’s proposed Liberty Amendments. But, as the John Birchers and others point out, there is nothing in Article V providing for this supposed ability for a limited Convention.
The one time there has been a Constitutional Convention was in 1787. That was without an Article V similar to the current one and there has not been a Con-Con held since. Probably for good reason. In 1787 it was originally intended to amend the Articles of Confederation, indeed turned into a “runaway” convention and produced a whole new Constitution – thankfully by people with intelligent heads on their shoulders. The point has been made by many, that given today’s generally deplorable state of political education and well known powerful influences such as George Soros and many others that a modern Constitutional Convention could turn into a most unwelcome opening of a Pandora’s Box.
It has also been pointed out by many that good people have come down on both sides of this issue. It is a split amongst conservative constitutionalists with the stakes potentially very high.