May 12, 2015

Many people who normally agree on political issues are on opposing sides of the Article V convention issue (aka, “Convention of the States” or “COS”).

A lot of claims are being thrown around by both sides, most of which are speculation or, at best, educated guesses about what to expect would happen if a convention to propose amendments to the U.S. Constitution did occur. As a long-time opponent of such a convention, my approach has been to point out just how many critical questions must be answered before it is reasonable for state legislatures to apply to Congress for a convention. (See some of those questions here.)

In an epiphany moment, though, I realized how to boil the entire issue down one simple indisputable and decisive fact. The realization of this elementary fact is a game changer for anyone who might be on the fence or even a supporter of a COS.

There are only a few dots to connect, so please read on...

DOT 1: We all agree that Congress is broken and we can't trust them to fix what ails America. If we could, there would be little to no need for amendments to the Constitution. Congress IS most of the problem! (Remember, Congress could propose a single amendment without the uncertainties of a convention, if they wanted to.)

DOT 2: Article V provides that, besides Congress itself, only state legislatures can initiate an amendment convention. The state legislatures attempting to do so set themselves up as the ones selecting delegates to the convention AND ultimately ratifying any proposed amendments that come out of the convention.

DOT 3: The vast majority of the members of Congress came from state legislatures! The state legislatures are the farm teams for the United States House of Representatives and Senate.

CONCLUSION: It makes no sense to assume that state legislatures will do much, if any, better job securing the rights of the People than the representatives and senators in Washington D.C. do!

Even if you think the Missouri state legislature does a good job of sticking to the spirit of the Constitution, like not changing the original purpose of bills (Art. III Sec. 21), and only passing single subject bills (Art. III Sec. 23), and not passing “special laws” that only apply to one region or one company (Art. III Sec. 40), to feel good about turning the U.S. Constitution over to an Article V amendment process, you had better be equally confident that the OTHER state legislatures are committed to constitutional principles.

They are not.

The people pushing for an Article V convention, many of whom I appreciate and respect, claim that the requirement for ¾ of the states to ratify any proposed amendments is the ultimate “check” on bad amendments, but the picture painted by connecting those three dots does not support their claim.

After all, it didn't work out so well when the 16th and 17th Amendments were being ratified!

For liberty,

- Ron

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Click here for Article V Resource Page

Legislation

SCR 21

SCR 24

SB 433

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If House vote for COS bills, they may set the record for the worst vote in recent MO history. <read about the last "worst vote">

Some COS legislation violates the Missouri Constitution

Article I, Section 4 of the Missouri Constitution requires that proposed amendments to the U.S. Constitution be considered for ratification by "conventions of the people".

In spite of that, some of the legislation being considered by the Missouri General Assembly calls for ratification of proposed amendments by legislators. Supporting such legislation is a violation of a law-maker's oath of office.

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U.S. Constitution 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; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it's equal Suffrage in the Senate.