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Myth Busting: Did the Constitutional Convention Cheat on the Ratification Process?

Myth

The founders in Philadelphia changed the rules.  They knew they could never get 13 states to agree to the new Constitution, so they cheated the process and said that the Constitution would go into effect as soon as 9 states had ratified.

 

 

Fact

The Philadelphia convention merely proposed a new ratification process.  The convention had no real and final powers to establish the Constitution.

It would be for the states and Congress to agree or not with the convention's proposals.

 

Congress agreed

The convention transmitted two documents to Congress - the proposed Constitution and the Resolutions of Transmittal.  The Resolutions of Transmittal contained the new ratification instructions.  Congress was given no role in the new process.  They were asked to simply transmit both documents to the 13 state legislatures.

Congress could have refused to transmit the documents which would have amounted to a rejection of the new ratification process.  Or Congress could have transmitted them to the states, signaling approval.  Congress ended up sending both documents to the states.

Congress approved of the new ratification process.

 

The States also agreed

The legislatures of each state also received the proposed Constitution and the Resolutions of Transmittal containing the recommendation that the each legislature establish ratifying conventions in its state.  As with Congress, any state could have rejected the new ratification process by refusing to create a ratifying convention.  And if any state had refused, the old ratification process requiring unanimity would still be in effect.

But every legislature (even Rhode Island) voted to create ratifying conventions in its state, signaling unanimous approval of the new ratification process.

 

Ratification process appropriately changed

With the new ratification process now having the unanimous approval of the states and of Congress, the Constitution could now be ratified according the new process: ratification by 9 state conventions.

 

The Resolutions of Transmittal

source:  https://avalon.law.yale.edu/18th_century/ressub01.asp

 

Rhode Island Ratifying Convention

Even Rhode Island's legislature agreed to create a ratifying convention for its state.

They didn't initially approve of the Constitution but they did approve of the new ratification process.

source:  https://www.loc.gov/resource/bdsdcc.c0901/?st=gallery

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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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