COSA PA volunteers hear many misconceptions from well-meaning people, including many legislators, worried about the future of this country and using the Article V convention of states process to correct its course.
With all the controversy surrounding Convention of States Action itself, the establishment’s intentional use of disinformation and fear to mislead these well-meaning people into inaction to keep the status quo in place.
What are people supposed to think and do?
Let's be very clear, there is a very small core of elitists (who hold a Marxist view that a central governing power should direct people's actions) who hate our Constitution and have been working behind the scenes to eradicate the checks and balances that limit government; these illuminiti, so far, have successfully convinced many traditional conservatives that this process is doubtful, untested, and unsafe.
COSA PA Communications Team wishes to examine and dispel these misconceptions and fears.
An Article V convention of states for proposing amendments is a very sophisticated topic that, as with most aspects of law, requires a careful and detailed study to fully understand. The subject matter is crucial to the survival of this Republic; therefore, it is everyone’s duty to invest the time necessary to comprehend the process.
All we ask is to keep an open mind and check the points we claim are facts yourself. Prove to yourself who is telling the truth and who isn’t. The Framers had faith in “We the People” to do our duty and preserve liberty and freedom for each successive generation.
The dissenters use the same false claims over and over, citing the same references, the same quotes taken out of context, and the same arguments from people who have no scholarly or legal credentials.
What are the common misconceptions they use:
- COSA is being secretly funded by “dark money” to destroy the Constitution
- The 1787 Philadelphia Convention was a “runaway”
- We have never had an Article V convention of states so it is untested, no one knows what could happen
- An Article V convention of states can’t be limited
- The rules governing an Article V convention of states are not written in Article V so we don’t know how they work
- An Article V convention of states will be taken over by Congress, and
- State legislatures can’t control the delegates they send to convention
Let's take these one at a time, and shine the light of truth with facts that anyone can verify for themselves with just a bit of effort.
Claim: COSA is being secretly funded by “dark money” to destroy the Constitution.
Fact: Convention of States Action is a 501(c)(4) federal tax-exempt non-profit corporation incorporated in the State of Texas with a registered address at 5850 San Felipe, Suite 580A, Houston, Texas 77057. As a non-profit organization, IRS rules require the contributions received must be disclosed as part of the public record. Financial statements and additional information are available by contacting the organization at the above address. The official registration and financial information of Convention of States Action may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1(800) 732-0999.
Claim: The 1787 Philadelphia Convention was a “runaway”.
Fact: In 2017, an 85-page peer-reviewed scholarly article on this subject was published in the “Harvard Journal of Law & Public Policy, Volume 40, Number 1” entitled Defying Conventional Wisdom: The Constitution Was Not The Product of a Runaway Convention by Michael Farris. This painstakingly researched and fully footnoted from the historical record document written by Professor Farris has been largely ignored by the nay-sayers because it doesn't fit their agenda.
The question now is who are you to believe?
Professor Farris’s scholarly and legal bona fides are impeccable and easily fact-checked. By all means, read the article, check his credentials, and decide for yourself who you should believe.
Claim: We have never had an Article V convention of states so it is untested, no one knows what could happen.
Fact: While it is true there has never been an Article V Convention of States called, that is where the truthfulness of the claim stops.
There have been 42 conventions of states held in this country; the United States has a great deal of experience using interstate conventions to settle disputes or negotiate a mutually agreed upon settlement. Now is the time to educate ourselves on our true history, not the revised version they use.
Claim: An Article V convention of states can’t be limited.
Fact: This claim is pure humbug; it is just a scare tactic to elicit a negative reaction from well-intended people who are not properly educated on this very complex topic.
Limitations on a convention of states arise from two sources: the call and the commissions.
- The call is the first resolution calling for a convention and places limitations on the convention as a whole.
- The commission is a set of instructions a state legislature gives to its representatives (commissioners) and can be more restrictive than the call and applies to only that state's delegation.
The operation of conventions of states is well established in numerous court cases on the subject.
Claim: The rules governing an Article V convention of states are not written in Article V so we don’t know how they work
Fact: Parliamentary Procedures have been around for centuries; a convention of states is merely a special legislative session that occurs multiple times every year. All of the interstate conventions have been governed by the same guidelines:
- Topics of discussion were limited to the call for the convention
- States issued instructions to the delegates that stipulated conduct
- Each state had equal voting representation because the meeting was between equal sovereigns
- None strayed from the limits of the call; not one “runaway”, ever
The United States has centuries of experience with interstate conventions; it has been erased to fit a narrative.
Claim: An Article V convention of states will be taken over by Congress.
Fact: This claim is also just a scare tactic; neither Congress's power to call the convention (name the time and place for the convention), nor its necessary and proper powers can be used to prescribe how the convention will be conducted because an Article V convention of states falls under “federal functions” not as an enumerated power:
- Enumerated Power - a specific grant by the Constitution that allows the various entities of the government to define and regulate certain conduct.
- Federal Function - a grant of power by the Constitution to entities outside of the federal government.
According to James Madison’s notes, the convention of states method was added to Article V to specifically give the states a way to bypass Congress. The framers knew exactly what they meant when they put the Convention of States method into Article V; they were participating in a Convention of States at the time! In essence, the framers said, “If the states desire to propose amendments to the Constitution, use the same method we are using right now.”
Claim: State legislatures can’t control the delegates they send to the convention.
Fact: This claim also cannot stand the scrutiny of people seeking the truth not verification of a preconceived agenda.
Convention delegates are the agents of their state legislature and are subject to its instructions (commissions); as a matter of basic agency law, any actions taken outside the scope of a delegate’s authority would be void. The topics specified in the 34 aggregable applications (approved by the state legislature) trigger the Article V convention process and are the very source of authority for the convention, so any proposals from rouge Commissioners beyond their scope would be out of order.
In conclusion, here is where the rubber meets the road; you need to prove to yourself what are the facts. Are you ready to accept the responsibility given to you by our Framers? I hope so, all our futures depend on you.
Please check these sources; see if you come to the same conclusions. 
