I’m not ready to let anyone open the Constitution and touch the Bill of Rights – especially the Second Amendment. But is that really what the Article V Convention of States Movement is trying to do?
I just purchased a beautiful Glock 22 from my oldest brother. Not only does it hold sentimental value because it was the first firearm my brother carried on patrol as a police officer; it also holds 15-rounds of fury, ready to be unleashed on anyone attempting to break into my house.
Second Amendment Under Fire
We own firearms for myriad reasons, not least of which is the unalienable right to self-preservation. With the Second Amendment under attack by the media and radical gun control groups, it is justifiable to be concerned when someone starts talking about proposing amendments to the Constitution we hold dear.
I’m not ready to let anyone open the Constitution and touch the Bill of Rights – especially the Second Amendment. They would have to pry that smoking Glock out of my fingers before I gave up that right. But is that really what the Article V Convention of States Movement is trying to do?
There are many groups – on both sides – that are both maliciously and unintentionally spreading myths about the COS movement. In his book The Liberty Amendments: Restoring the American Republic, Mark Levin predicted the increased animosity toward the movement: “I have no illusions about the Statists’ capacity to induce confusion and spread disinformation in defense of their own ambition and aggrandizement. Indeed, the closer the approach to constitutional restoration, should that day arrive, a torrent of fuming and malevolent rage will, predictably, let loose, alleging perfidy by the true reformers.”
Shooting Holes in the Myths
That torrent of rage has begun, as many groups claim that the Bill of Rights will be “opened” and the Second Amendment will be changed or abolished. Let’s settle that matter once and for all.
1. 38 States must ratify any amendments coming out of the Convention of States
Does anyone really imagine a scenario in which we couldn’t find 13 states willing to oppose an amendment taking away the right to bear arms? I can name 13 right now off the top of my head, starting with the Gem State: Idaho, Texas, Oklahoma, Utah, Alaska, Alabama, Georgia, Tennessee, Kentucky, Montana, Wyoming, Nebraska, Iowa. I could go on, but I think you get the point. The bar for amendments has been set high for this very reason.
2. Congress is a permanent Constitutional Convention, but we’ve seen no change
Congress can propose amendments on any subject they want, any day of the week. It is virtually impossible to imagine a Convention of States (appointed by State legislatures) composed of delegates more irresponsible than the governing majorities in Congress. Let’s face it, we’ve had Representatives fear that the island of Guam would capsize due to overpopulation. Yet, Congress doesn’t ever send out crazy amendments abolishing the right to own a gun. Why not? Its members are constrained by the political realities posed by ratification — and nothing else.
3. Last, but most importantly, the Second Amendment isn’t on the agenda
For a Convention of States to be valid, 34 states must propose germane amendments or subjects to be debated at the Convention. What does that mean? It means each state must decide the subject matter of the Convention when they apply for it. Imagine inviting all your friends over to watch a game, but everyone likes a different sport. One likes soccer, one football, and another baseball. You would probably have a fight on your hands when they came over because no one would be able to decide what to watch or they would just leave. You establish what you will be watching before they show up.
Interestingly enough, there have been over 400 applications for a Convention of States in the history of the Republic. We have never had a Convention because we have never had two-thirds of the States agree on the subject matter. (Let’s hope you’ve not had that same problem deciding on a game to watch with your friends.) State legislatures control the subject matter. Just as the calling of the Convention is conditional on the subject matter limitation, all stages of the Article V process are likewise prohibited from going outside of this limitation.
The 12 states that have passed resolutions for the Convention of States have three things in common:
- Fiscal restraints on Congress
- Term limits for federal officials
- Limiting the power of the federal government
None of those subjects have anything to do with the Second Amendment.
There you have it – we've shot holes in the myths and rumors being spread. Gun owners everywhere can rest assured that the Convention of States movement wants nothing more than to preserve the right for Americans to decide for themselves, especially when it comes to self-preservation.
