Constitutional Convention Can Not Be Controlled
Tom DeweeseOnce a ConCon is called for by the legal number of states, as laid out in Article V of the Constitution, It is the duty of Congress to call for one. Period. That's as far as it goes.
Once a ConCon is called for by the legal number of states, as laid out in Article V of the Constitution, It is the duty of Congress to call for one. Period. That's as far as it goes.
The State can control the delegates to an Article V Amendments Convention. They can do this by creating and passing a Statute making it a felony for any delegate to deviate from the intructions given to the Delegates by the State.
Do you think a Delegate, or Delegates would risk a felony? It is doubtful.
I believe with safeguards in place we can Call for an Article V Amendments Convention and succeed at making several very important and necessary changes to our present Constitution which is now over 3000 pages in length.
There is not any other way to undo over 200 years of Court created precedent and Congressional acts to restore the republic.
Don't mess with it.
I don't trust anyone in Washington, to give them one iota more power, than they already have, which they have misused disgustingly and consistantly for decades.
Obama, amending the Constitution, a final and complete nightmare. THE END.
Don't touch it...for now.
We should inform ourselves about how an Article V Amendments Convention would be Called, who choses the Delegates, etc. Ignorance is our own worst enemy.
The comment by #03300 about states being able to control delegates is utterly FALSE.
How can AZ control DE's delegates for example? It cannot. It's absurd. A state can only attempt to control ITS OWN delegates and not the delegates of the other 49 states. The maximum a state's delegates could do is walk out. They will not do that however, because the new constitution will then be written without their presence by the other 49 states.
Additionally, the new constitution could state that any sanctions, penalties or instructions directing the hands of delegates are hereby VOID and, voila, there are no sanctions or penalties to delegate behavior.
I do not know why Nick Drainias (#03300) and the Goldwater Institute are so hell-bent on destroying the US constitution that the founding fathers left us. They want to establish a new nation and think the process can be controlled.
It's utterly laughable. You cannot trust evil men to produce good. Someone's got to go back to church. (Nick)
Fear is a controlling emotion, I've gotten over mine I hope you can get over yours.
And when the delegates at the constitutional convention put into the new constitution that all such laws are null and void, that's the supreme law of the land.
That proves you wrong.
You keep saying "they can", but fail to demonstrate how or counter the above demonstration about how your statement is false.
Please contribute some substance instead of further circular argumentation: "they can because they can."
Thanks.
Oh I just noticed that you also falsely stated that the convention would be an "amendments convention".
a) there's an amendment process that doesn't require a convention.
b) once a convention is called there is nothing to restrain it only to amendments.
Please go back and read Article V and pay close attention to the words. Also read Federalist #85.
You could also read Nick Dranais' recent article on this subject for clarification if you dare.
http://www.freedomsphoenix.com/Article/098861-2011-11-02-four-reasons-for-the-right-to-embrace-not-fear-the.htm
And yes, using the terms Article V Amendments Convention is correct.
Embracing Fear rather than Strength can equal Weakness
Dear #20933,
You wrote: "And when the delegates at the constitutional convention put into the new constitution that all such laws are null and void, that's the supreme law of the land."
When the delegates approve an amendment replacing the Constitution as you suggest, it does NOT becoming the law of the land until AFTER 3/4 of the States ratify it.
C'mon, please educate yourself on the process.
You keep saying "they can", but fail to demonstrate how or counter the above demonstration about how your statement is false."
1) I've answered your "statement is false" claim in my previous response.
2) I write they "can" because I cannot make the claim that they will. I am neither President of the Arizona Senate, Majority Whip, Speaker of the Arizona House nor House Majority Whip, so I cannot direct the debate nor have great influence over it. I cannot impart my will over theirs.
But I can (and have) speak before their committees and encourage them now is the time to Call the Article V Amendments Convention.
During the 2010 legislative session I spoke before the Senate Judiciary Committee and Senator Pearce and I had a small debate on this subject. Senator Pearce did not act as I requested; however, the following year, 2011 Session, he did introduce a bill which called upon Congress to pass an Amendment to the Constitution. This is a step in the right direction. His bill failed in the Senate because many good Senator’s were like you, scared to death that a request for a Call would spark a Constitutional Amendments Convention (We are two States short the last I looked). We aren't there yet because of the fear in so many, but my hope is that one day we will get there, fix what we must and then let the Congresscritters begin the tear-down process and the merry-go-round called life in America continues.
All that must be done for evil to prevail is for good men to do nothing.
So you're saying the states wont ratify only because of a tiny little absolution for the delegates and they'll recall into convention to change that? You're high.
I've read Article V and there is NO LIMIT to what can happen inside the convention based on Article V. IF 3/4 of the states ratify an entirely revised constitution who is going to stop them? Article V? And which court will hear that case ex post facto? None. Because the court that could have heard the case existed under the OLD constitution, not the new one.
I noted below you stated that "the constitution is dead."
I hate to tell you, but that very LITERALLY, not metaphorically, makes you a traitor and enemy of the United States.
You should get a grip of yourself and consider your words.