2 thoughts on “Aggressive New Scheme Exposes Article V Convention Lobby

  1. This article is only opinionated misinformation. I have to ponder the vitreosity of JBS reports. They seem disingenuous at best.
    An article V convention cannot be called by congress on multiple different applications. If this were true, a convention should have already been called. In the 70’s, a balanced budget convention nearly reached the 34 state threshold. Had congress considered the applications for a balanced budget convention prior 1960, they would have succeeded. Additionally, there have been an estimated 400 different convention applications. Not one specific purposed application group has reached the 34 state threshold.
    States have the power to limit the scope of an Article V convention: Mark Levin, is one scholar who advances that view. Some feel that Congress’s duty to call a convention when requested by the states means that it must call the convention that the states requested. If the states, therefore, request a convention limited to a certain subject matter, then the convention that is called would likely need to be limited in the way the states requested.
    If states have the power to limit an Article V convention to a particular subject matter, and Congress only has power to call a convention but no further power to control or regulate it, then a potential concern becomes whether an Article V convention could become a “runaway convention” that attempts to exceed its scope. If a convention did attempt to exceed its scope, none of the amendments it proposed would become part of the constitution until three-fourths of the states ratified them, which is more states than are required to call a convention in the first place.
    United States’ experience with state constitutional conventions; over 600 state constitutional conventions have been held to amend state constitutions, with little evidence that any of them have exceeded their scope. This is reinforced by the fact that prior to the 1787 Philadelphia Convention, there were many other conventions of the states (some called by Congress, but most called by the states themselves) where the delegates operated within the scope of their commissions.
    The delegates to the 1787 Constitutional Convention did disregard Congress’s recommendation to “solely amend the Articles Of Confederation”, which required unanimous ratification, but as Madison noted in Federalist No. 40, the resolution Congress passed in February 1787 endorsing the Convention was only a recommendation. Regardless, the delegates sent nothing to the States at all, sending their new Constitution to Congress, AS WAS THEIR MANDATE. Congress debated the matter before voting to send it on to the States for ratification with no recommendation for or against. In the end every state ratified the constitution as we know it today.

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