Election Reforms can — PROTECT Democracy . . . and the Republic
Article V- (Constitutional Convention)
Accelerated efforts for a Constitutional Convention raise significant concerns for the freedoms and rights of citizens
An aggressive effort is underway to establish a Constitutional Convention
Article V of the United States Constitution requires that if two thirds of the state legislatures (or 34 states) petition for a Constitutional Convention, Congress must call one into session.
There has been an effort underway by the Convention of States organization and other far right Politicians to convince more Republican-led state legislatures to petition for a Constitutional Convention. Twenty-eight (28) states have passed a balanced budget-related resolution for a Constitutional Convention and, separately, 19 have passed a much broader ALEC (American Legislative Exchange Council) model resolution for a Convention. And, these ALEC Model Bills have passed in at least one legislative chamber in another 9 states, and now ALEC Model Bills have been introduced in at least 17 additional states.
A Constitutional Convention would raise serious concerns for the freedoms and rights of Citizens
The ALEC Model Bills include in their petition that the Constitutional Convention would be able to “limit the power and jurisdiction of the federal government.”
The language in Article V of the U.S. Constitution is limited and vague, and there are no rules or guidelines. As a result, and with the ALEC Model Bills giving broad authority to limit the federal government and federal courts, there are significant concerns for the freedoms and rights of citizens that could be threatened by dangerous Anti-Democratic changes enacted in a Constitutional Convention.
Additional States continue to Petition for a Convention
In 2022, four additional state legislatures petitioned for an Article V Convention. With accelerated efforts and new state petitions expected to be added, how long will it take to be able to conduct an anti-democratic Article V Constitutional Convention?
Constitutional Convention-- Wikimedia Commons License
IN THE NEWS
Published in the Los Angeles Times
F1.) “Column: The U.S. Constitution is flawed. But a constitutional convention to fix it is downright scary“
“Under Article V of the U.S. Constitution, Congress must call a constitutional convention if two-thirds (34) of the states petition for one.”
By Nicholas Goldberg
September. 27, 2022
“What would a convention look like, who would be appointed to it, how many votes would each state get, what would be the rules of engagement? The Constitution doesn’t say. Presumably its members would be appointed by state legislatures and would negotiate until they agreed upon a package of proposed constitutional changes.”
“ So why oppose it? To be honest, my position is less about principle than pragmatic politics. In our current political climate, I fear it could go entirely off the rails.”
“ Imagine the excitement of election deniers, climate deniers, immigration opponents, abortion opponents and pro-gun groups at a chance to rewrite the Constitution.”
“ Even conservatives have opposed a constitutional convention in the past. Chief Justice Warren Burger told Phyllis Schlafly in 1988: “There is no way to effectively limit or muzzle the actions of a constitutional convention.” Justice Antonin Scalia told an interviewer: “I certainly would not want a constitutional convention. I mean, whoa! Who knows what would come out of it?””
Published by Bozeman Daily Chronicle
F2.) “Guest column: An Article V Constitutional Convention would be very risky“
By Ed Regan, Guest columnist
Nov 26, 2022
“Again, on Dec. 8, 2015, Justice Scalia repeated his warning against a new convention when he warned the Federalist Society that “A Constitutional Convention is a horrible idea. This is not a good century to write a constitution.””
“An organization calling themselves the Convention of States (COS) has been promoting the idea that the answer to all our nation’s problems can be solved by having 34 states apply to Congress under Article V to convene a Constitutional Convention (Con–Con).”
” . . . the problem with using the convention method in Article V is that it poses a danger to our existing form of government with all its checks and balances.”
“While our nation was blessed to have men the caliber and character of Washington, Madison and Franklin back in 1787, can we trust putting the fate of our constitution, including the 2nd Amendment, in the hands of today’s politicians and special interests? James Madison, father of the Constitution, warned in 1788 that a second convention “would no doubt contain individuals with insidious views seeking to alter the very foundation and fabric of the constitution.””
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Published by Common Cause
F3.) “Stopping a Dangerous Article V Convention“
“An Article V constitutional convention is a dangerous path that puts all of our cherished rights, civil liberties, and freedoms at risk.”
“With no rules and complete uncertainty about the constitutional process, an Article V convention would cause political and economic chaos.”
“There is no language in the U.S. Constitution to limit a convention to one issue, no guidelines for rules to govern a convention, no rules on who picks the delegates and how they are selected, no guarantee that the American people would be equally represented, and no limits on corporate special interest influence.”
As Published in Business Insider
F4.) “Trump won’t be able to terminate the US Constitution but a Republican-led effort to rewrite it continues“
By Brent D. Griffiths
January 2, 2023
“ The Convention of States (organization) successfully pushed four states to pass its model resolution in 2022, as Nebraska, South Carolina, West Virginia, and Wisconsin joined 15 other states in formally calling for a convention. Article V requires there to be 34 states for a convention to be formed.”
” Adding to its arsenal, Meckler’s organization (Convention of States) formed a super PAC that spent more than $1 million in state legislative races. Much of the money was spent on primary races in which Convention of States tried to elevate supporters in states where they have yet to pass a resolution.”
“ Outside of Convention of States, efforts to call a convention to pass a Balanced Budget Amendment also continue. There have been 28 states that passed a balanced budget-related resolution.”
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