One of the objections to calling an Article V convention of states meeting centers around the false claim that our individual rights might be in jeopardy. (Actually, they’re already in jeopardy BECAUSE state legislatures haven’t called several convention of states meetings. More on that another time.) There’s much hand wringing and gnashing of teeth that our 1st Amendment right to free speech will be limited. We’re going to lose the 2nd Amendment!!! The list goes on and on. Again, if you are paying attention, these rights have been under assault for some time.
"Every day Congress meets, liberty contracts.” – Senator Paul Laxalt (NV)
Most objections to calling an Article V meeting have a common theme – fear. Fear is a powerful human emotion. It’s also an irrational one. We must account for this because fear does move some to act. Fear also precludes some people from acting.
These fears originated from the acceleration of the secular regressive movement in the 1960s. (Remember, I refuse to call them progressives.} There’s nothing progressive about the Left’s agenda – except for the progression of government tyranny. This line of thought began to penetrate parts of the conservative movement in the 1970s, and derailed efforts to offer a pro-life constitutional amendment for the states to consider.
These same talking points are parroted by some still today. Some groups who claim to support the Constitution but are merely part-time constitutionalists use these same fear tactics and same irrational claims. These people are a small minority, but they are politically active. For some reason, they still have the ear of some legislators, and they’ve prevented passage of our resolution in states that should have passed it relatively easily.
So, how do we demonstrate the fallacies of their claims to persuade legislators and our fellow citizens to support The Framers’ Article V solution?
I prefer to begin with a set of facts. A good starting point is the text of Article V.
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress…”
How do you eat a steak? One bite at a time. So, let’s break this down.
"The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states,”
This section provides equal authority to Congress and state legislatures to utilize the provisions of this article. It takes two thirds of Congress or two thirds of state legislatures to agree to act. Each body’s actions are not dependent on the will, permission or actions of the other. The super-majority requirement for any action is a high bar and it should be.
"shall call a convention for proposing amendments,”
The only constitutional authority either Congress or state legislatures are given under this Article is to “propose” amendments. Neither can unilaterally change the Constitution. The bodies meet, discuss and pass a proposal.
"which, in either case, shall be valid to all intents and purposes,”
This phrase states proposals originating in Congress or, from a convention of states meeting, are equally legitimate and authorized by Article V of the Constitution.
"as part of this Constitution,”
This sentence is critical. Our opponents claim the entire Constitution can be rewritten under the convention of states process. That is not what The Framers said. The Framers clearly stated that amendments are only authorized to amend “THIS” Constitution. There is no authority anywhere in the Constitution that allows it to be rewritten. That would be a new Constitution by definition. A question to ask is, “The Constitution gives equal authority to Congress and a super-majority of state legislatures to amend this Constitution. Our Constitution has been amended 27 times. Each of those amendments were proposed by Congress. Did Congress ‘rewrite the Constitution’ each time?” The answer is clearly “no.”
"when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof,”
This passage says it takes three-fourths of the states to approve any proposal from Congress or a convention of states meeting before anything in the Constitution is changed. I am not aware of another process in local, state, or federal government that requires a 75% vote to pass a measure. This is the highest hurdle for passage at any level of government.
"as the one or the other mode of ratification may be proposed by the Congress…”
This final sentence states that Congress decides the method of ratifying a proposed amendment. Ratification can be obtained through three-fourths of states approving a proposal by a vote of each chamber in their state legislature. The other possibility is through a state ratifying convention. In this process, delegates are selected to represent various parts of their state. These delegates assemble in a convention to vote for or against a proposed constitutional amendment. The process of delegate selection and instruction is controlled by the state legislature.
You will encounter people who refuse to consider any evidence that is contrary to their opinion. It doesn't matter how irrefutable or plainly the evidence is presented. Trying to convince these people is a waste of your time. They will either figure it out or bask in their ignorance. As the saying goes, “Don’t wrestle a pig because the pig will like it and you’ll both get dirty.”
In liberty,
Brett
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