Monday, February 23, 2015

What is a Convention of States?

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:

  1. A balanced Budget Amendments
  2. Redefining of the General Welfare Clause
  3. Redefining the Commerce clause
  4. Prohibiting the use of international treaties and laws to govern the domestic laws of the United States
  5. Limitation of the use of Executive Orders and Federal Regulations to enact laws
  6. Imposing term limits on Congress and the Supreme Court
  7. Placing upper limits on Federal taxiation
  8. 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

No comments:

Post a Comment