An Article V convention of states is a constitutional, safe, and practical method to rein in an out-of-control federal government. It is a method our Founders gave us to put Congress, the executive branch, and the judiciary back in the constitutional box.
Here in North Carolina, even those who claim to support the Constitution oppose this effort.
Convention of States North Carolina leaders were recently asked to debate those who oppose an Article V convention at the Polk County GOP headquarters in western North Carolina. As expected, they relied on the same false, worn-out arguments.
Let’s address the primary myths used to make their case.
Myth #1 – “This is a constitutional convention! We cannot open up the Constitution. We just need to follow the constitution.”
Despite the fact that Article V clearly says it is a convention for proposing amendments to the Constitution, this myth persists despite scholarly research and legal jurisprudence.
It is fascinating that those who argue this point on one hand imply Article V authorizes a constitutional convention and, therefore, a bad idea. Then on the other hand demand we just need to follow the Constitution, not change it. Which is it?
And if Article V does not provide an option for proposing amendments to the Constitution, what does that section of Article V mean? How should it be used? Why did the Framers write Article V the way they did? Were they wrong? It seems opponents would simply like to ignore that part of Article V. Make it go away.
Those who oppose this effort are so busy trying to find arguments why it won’t work, they find themselves boxed into an illogical, nonsensical position.
Myth #2 – “The 1787 convention was a runaway! So that proves an Article V convention will run away.”
This is an attempt to rewrite history. It is simply factually incorrect to make this claim, but those opposed continue to use this argument.
The Articles of Confederation were in place during that time. Congress had no authority to call the convention. The call was a result of the recommendation from the Annapolis Convention in 1786, and then Virginia subsequently issued the call in October 1786. Congress four months later issued a recommendation, but had no power to call the convention.
The delegates to the constitutional convention did exactly as instructed.
Myth #3 – “Congress and Nancy Pelosi will control the convention! And there are no rules!”
This is also not true. Congress's only role is to call the convention--that is, to set the time and place. They do not set the rules or have any input. The rules for interstate conventions are well-established. We have a history of conventions since our founding era and before. Here are the facts.
An example of a current interstate convention that has been in continuous operation since 1892 is the Uniform Law Commission. It operates much like an Article V convention would operate.
Myth #4 – “We will lose the Second Amendment!”
The resolution restricts the topics to be discussed at the convention to term limits on federal officials, fiscal restraints, and limiting the power and scope of the federal government. If the delegates propose an amendment related to the Second Amendment, it would be ruled out of order.
They cannot just do anything they want. Learn more here.
And even if by some stretch of the imagination they propose an amendment to rescind the Second Amendment, that would still need to be ratified by 38 states. All the convention can do is propose amendments.
If those who have this fear would simply consider Article V, they would realize that Congress can propose an amendment any day of the week to rescind the Second Amendment. So that risk already exists. Why don’t they do that?
Finally, Charles Cooper is the top litigator who represented the NRA at the Supreme Court. He is on the board of COS. Would it make sense for him to do that if he fears losing the Second Amendment? See his open letter here.
Myth #5 – “Nullification is the answer!”
Finally, when those opposed are asked how they would rein in the federal government, their answer is often nullification. We should simply nullify laws passed by Congress. While there is a place for nullification, it is not a big enough solution. And it can lead to chaos. Learn the facts.
In conclusion, those who claim to be constitutional conservatives and oppose using an Article V convention as the Founders intended are relying on arguments the liberal establishment used in the 1960s and 1970s to oppose Article V convention efforts.
As David Horowitz recently said, “Mr. Soros smiles, breathes a deep sigh of relief, and toasts to their success.”
Instead, they should stand with us and join the fight to take back this country.
Jeff Groh resides in western North Carolina and is a small business owner. He is also a Regional Captain for the Convention of States Project, a nonpartisan effort to rein in the expanding role of the federal government.
