In
Article V of the Constitution, it is my understanding that a
Convention of States is a process that our Founding Fathers gave
within that framework. It is the
vehicle used by the people when the sitting government oversteps it's
limits, thus setting up a form of government not described in the
Constitution. They (The Founding Fathers) envisioned the possibility of such a thing
happening and took steps to preclude it, thus leaving the final
authority to the people of the United States as to how the government
would run. It was long thought that the government should be able to
tax it's citizens for the functionality in doing
it's everyday jobs to fulfill it's mission of service to it's
people. When the government goes outside of the restrictions placed
on it by the Constitution, it then becomes incumbant on the people to
do what is necessary to restructure that government until it meets
it's responsibilities.
A
Convention of States can be called by the Congress when 2/3 of both
houses deem it appropriate, or upon application of the Legislatures
of 2/3rds of the States. The application for the Convention is
initiated at the behest of citizens requesting it, then the application advances to the Legislature which is passed by a simple majority of that body, it is then
forwarded to Congress who upon receipt of the applications of 34
State Legislatures is required
to call a Convention of States, and that is the extent of the
Congress' interaction in the process. Once called, the states through
debate in caucus arrive at suggested topics that could be discussed
at the convention, The requirement for State Delegates states no
maximum amount of delegates that might go, but only allows one vote
per state for ratification of any proposed amendments prior to them
becoming part of the Constitution.
As I
understand the process of the proposed amendments, they are agreed to
state by state then at the convention, they are again debated and the
final result is set for ratification which requires a full ¾
agreement of the State Legislatures meaning 38 separate states must
agreein totality, prior to the ratification process.
The
convention itself is one of two types that being a particular subject
as in limiting the power of the Federal Government through a series
of proposals and that of a single subject such as in a balanced budget.
What
is being suggested is a series of amendments designed to limit the
extent of Federal power, those being:
- A balanced Budget Amendments
- Redefining of the General Welfare Clause
- Redefining the Commerce clause
- Prohibiting the use of international treaties and laws to govern the domestic laws of the United States
- Limitation of the use of Executive Orders and Federal Regulations to enact laws
- Imposing term limits on Congress and the Supreme Court
- Placing upper limits on Federal taxiation
- Requiring the sunset of all existing Federal Tax and Super-Majority votes to replace them with fairer taxes
As
far as runaway Conventions, according to Robert Natelson (a
constitutional Scholar) there are more political and legal restraints
on a runaway convention than there are on a runaway Congress.
Each
delegate is bound to the wishes of the State Legislature, any
variance from that would be cause for immediate replacement and the
possibility of a three year prison term being given to the offending
person. If I am not mistaken, there are a series of checks and
balances in place within the convention mandate to preclude Special
Interest Groups and selection via legislature. The state legislature
approves the delegation, but the people (Grass Roots) select for
approval.
Amending
the Constitution of the United States is a serious and daunting task
and should never ever be attempted for reasons other than the
continuation of this country as our Founding Fathers intended it to
be.
In
the very recent past, it has become paramount that since the
government of the United States has failed to comply with the
dictates of The Constitution and the mandates of the people, that
there must be change in order to rectify this situation. There are
problems that have risen that need to be addressed in a calm and
effective way, not in the way of “Mob Rule.”
The
people of the United States are not stupid, nor are they so detached
that they cannot make “heads or Tails” of the processes needed to
rectify these short comings at our capitol.
Accepting
the fact that there is a lot to be fixed, it becomes incumbent on us
as citizens to take up the gauntlet and live up to our responsibility
of preserving this nation that we can fulfill our obligation to pass
it on to those who would follow in far better shape than it was when
we got it. To do this, it is time to learn the tools we have
available to accomplish this task, which is why I do this, there are
others of my ilk who do the same thing, join with us to save this
nation and pass it on to our children proudly as our gift to them.
Follow this link and join us to Save the United States of America,
“As It Is Meant To Be.”
God Bless America
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