Back in January of 2015, I wrote the following1:
The Congress, whenever two-thirds of 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 amendments 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. – Article V of the Constitution (emphasis mine)
Recently, there had been talk of an Article V Convention for the purposes of amending the Constitution. What people do not realize is that there are two ways to amend the Constitution:
- Have two-thirds of both houses of Congress (67 of 100 Senators and 292 of 435 Congressmen) propose amendments
- Have legislatures in two-thirds of the states (34 of 50 states) call for a convention for proposing amendments
Then after the amendments are proposed, three fourths of the states (38 of 50 states) have to ratify it, whether by legislature or by convention. For 27 amendments we have had Congress propose and the states ratify. Not once have we had the states call for a convention for the purposes of amending the Constitution.
We have heard many people come out both in support of and against an Article V (part 2) convention. Those who are against it call it a Constitutional Convention. That is a gross mischaracterization. The only Constitutional Convention took place in 1787 when the Founders decided to replace the Articles of Confederation. What is being proposed is an Article V Convention for the purposes of amending the Constitution. Under such a convention, only amendments are being proposed, not the entire Constitution being reopened and up for debate.
Mark Levin, Constitutional attorney and talk show host, is for an Article V (part 2) convention. In fact, he has written a book called The Liberty Amendments: Restoring the American Republic for the purposes of educating people on how the Constitution can be amended and the Federal Government restrained. Levin gives his reasons for undertaking this project:
I undertook this project not because I believe that the Constitution, as originally structured, is outdated and outmoded, thereby requiring modernization through amendments, but because of the opposite—that is, the necessity and urgency of restoring constitutional republicanism and preserving the civil society from the growing authoritarianism of a federal Leviathan.2
There are people who feel that an Article V Convention is bad for America and give examples as to why that is. However, based on further review and fisking I find that those claims are merely false premises which, as one Andrew Breitbart had taught us, we need to reject with the truth.
Levin further goes on to say:
What follows are proposed Amendments to the Constitution—The Liberty Amendments. It is my hope and aspiration for our country that these amendments can spur interest in and, ultimately, support for the state convention process. In any event, should there come a time, sooner or later, when the states convene a convention, these amendments or amendments of the same nature—as I make no claim of unassailable knowledge—may prove useful and find their way into the debate. But a plan is what is needed, as is a first step. This is mine.3
I will be going through the Liberty Amendments as posited by Levin on my Civics message board, as well as in this blog and my New Media blog. However, I will go on the record and say that the only way to stop the runaway country is with an Article V Convention. Ever since 1913 America had gone from a Republic to a Democracy thanks to the 16 and 17 Amendments to the Constitution. It is my hope that an Article V Convention will repeal both of those Amendments and bring this country back into the control of the States and the people.
Those words, which I had penned almost 3 years ago, still ring true today. Granted, I had not written as often as I should on Article V and the Convention of States Project. However, from this point on there will be more to be written, as alot has happened since I put fingers to keyboard. For instance, there were only three states that had passed the Convention of States application4. Now, 9 more states had passed the similar application, bringing the number to 12. There is one state which the application had passed one house but is under reconsideration in another. Also, along with the application being passed by 12 states now, there has also been a lot of opposition to the Convention of States from many angles.
George Soros, Hillary Clinton, and many others have steadfastly and vociferously been in opposition to the Convention of States. In fact, Soros is the mastermind behind 230 far-left leaning groups (which is being spearheaded by Common Cause) whihc had signed on against Article V and the Convention of States method. And of course, hillary has spoken out against Article V in a couple of interviews. And of course there is also Joanna “Publius Huldah” Scutari, Shawn Meehan, Rob Brown, and others who support the John Birch Society and Eagle Forum fight against Article V. I will write about them in future articles on this blog, as well as on my Civics message board.
With the amount of opposition against Article V and the Convention of States Project, it only ensures that it is time we make use of that which the Founders had given us. It is also time to expose the opponents for who they really are. As such, I will also be continuing my series on conservative infighting over Article V, using Robert G. Natelson’s dissertation on the liberal establishment’s disinformation campaign against Article V and how conservatives are being mislead as my guide.
Rick Bulow Why I support an Article V Convention for the purposes of amending the Constitution (from http://civics.rickbulow.com/Blog/2015/01/17/why-i-support-an-article-v-convention-for-the-purposes-of-amending-the-constitution/)
Mark Levin The Liberty Amendments: Restoring the American Republic p.1
A model of the application which the Convention of States Project is supporting can be found at http://d3n8a8pro7vhmx.cloudfront.net/conventionofstates/legacy_url/229/Application-for-a-Convention-of-States-v.5.pdf?1409939497