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Myth Busting: Is it even possible to control an Amendments Convention?

Myth

An Article V convention cannot be controlled

 

Fact

An Article V convention is a state-led process.  State legislatures control the process from beginning to end.

How do we know?

We know from comments made during the ratification debates.  And we know from the historical record of other interstate conventions held before and after the Philadelphia convention.

From the ratification debates in PA

"...the proposed Federal Constitution cannot be very dangerous while the legislature[s] of the different states possess the power of calling a convention, appointing the delegates and instructing them in the articles they wish altered or abolished." 

source:  https://digicoll.library.wisc.edu/cgi-bin/History/History-idx?type=turn&id=History.DHRCv2&entity=History.DHRCv2.p0720 

From the historical record

Numerous interstate conventions had been held in the America before the Philadelphia convention.  The founding generation was intimately familiar with them.

A list of several of these can be found here.

In every instance, state legislatures controlled their delegations.  States voted as states.  And the conventions stayed on topic.

Control by 34

It must be remembered that an Article V convention doesn’t even happen until 34 states agree on why they’re meeting. That’s a ⅔ supermajority of states dedicated to keeping the convention on track.  Even if we throw away the other 16 states as hostile to the agenda, that won’t matter because states vote by state.  Each state gets one vote.  And there’s no scenario in which 16 beats 34.  The 16 states would have to convince 10 other states to abandon the scope limitations in order to even formally propose an off-topic amendment.  And those 16 states would have to convince a total of 22 other states to get any of those amendments ratified.

Source:   

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Physicians for COS

The diagnosis is clear.

We have a growing cancer today known as the Obamacare. As a result physicians are no longer free to practice medicine.

No profession feels the full force of the federal government more than physicians. The medical profession is the most highly regulated profession in the United States. The practice of medicine is controlled, taxed, and regulated to the point of being destroyed by the heavy hand of the federal government.

Physicians are told how to bill, how much to charge, and how to treat patients. They are mandated to use expensive electronic medical records. The federally enacted HIPPA (Health Information Privacy and Portability Act) makes the communication between physicians and atients burdensome, inefficient,and expensive. Every physician is required by federal mandate to register with the government to obtain an NPI (national provider identifier.) We are required by federal law to obtain and pay for a license to prescribe medication through the DEA, which is separate from our state licensure.

This heavy hand of government not only oversees the largest federal health bureaucracy ever created, but by extension reaches into every state, every city, and every small town to regulate how every licensed physician practices the art of medicine and how citizens obtain care.

The treatment is also clear.

The prescription for a cure was written into our constitution by our founders. Article V of our constitution allows for the states to call for a convention of states to limit the power and jurisdiction of the federal government through the proposal of constitutional amendments. Physicians should be the strongest supporters of this brilliantly-crafted states’ rights tool placed into our constitution by our founders.

I urge my fellow American physicians to join with me in supporting an Article V Convention of States to take back control of the practice of medicine. It’s the only way that we can return the practice of medicine back to the intimate relationship between a doctor and patient without interference by the heavy hand of a distant, national government.

Jeffrey I. Barke, M.D. Family Physician Newport Beach, CA
Convention of states action

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