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In reply to the discussion: Cenk Uygur's TYT Article V Convention, Wolf PAC [View all]longship
(40,416 posts)25. To avoid confusion, here's 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 its equal suffrage in the Senate.
(Highlights mine.)
Note the Panora's box that a constitutional convention opens.
1. The state legislatures can call a convention with 2/3 of the states approving. Okay. No biggie there except that most state legislatures are GOP and are more right wing than the US Congress. Some are certifiably ready for straight jackets, though.
2. They can propose amendments in this convention. The article does not put a limit on this and one would presume that it's a convention because one wants more than one change. It's open to any or all proposals, one might appropriately presume. Big warning flag here. No doubt, given the make up of state legislatures there will be a GOP chairperson and substantial majority.
3. The proposed amendment becomes adopted when 3/4 of the states approve it. In the convention context, that can putatively happen within the convention ("or by conventions in three fourths thereof" . Game over right there. We're done.
My posts up thread are a warning of doing this via convention. It is very possible that a constitutional convention could be used for nefarious purpose, like repealing the 14th Amendment, changing the 1st Amendment to exclude non-Christian and Jewish religions, or any amount of mischief. I use these as examples of worst cases, but also to highlight the danger of the convention structure whose purpose is solely to change the US Constitution, in an open ended style. As Cenk might say, "Have at it, Hoss!" But the down side might be very bad. This might be one of those Oooopsie! situations.
And since the Republicans have a rather large majority of state legislatures in the US, what mad person would suggest an Article V convention?
I don't trust the GOP any further than I could throw them, this especially with anything as open ended, unconstrained, and immediate as an Article V convention.
Might as well as pull the pin on a hand grenade.
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K&R!!! Please add to the fight, Publicly Funded Elections! If we don't slam the door and lock it,
Dustlawyer
Jul 2014
#1
Absolutely, nothing matters more...because EVERYTHING is dependent on who is
mother earth
Jul 2014
#3
Strongly disagree with you, longship. Apparently most of America, including Cenk, including just
mother earth
Jul 2014
#4
It's not about me now is it? I strongly disagree with you, but understand your misgivings.
mother earth
Jul 2014
#6
longship, I know people like you and I would fight like hell to make damned sure the only amendment
mother earth
Jul 2014
#8
I respect and understand your opinion, but it is the ONLY hope of tackling campaign finance &
mother earth
Jul 2014
#10
No thanks, if and when it comes to my state, I know how I'll vote & it will be with CA & VT.
mother earth
Jul 2014
#18
The process is clarified below, interestingly Harry Reid agrees & so do other dems,
mother earth
Jul 2014
#23
If you listen to Lessig below he explains the difference btwn con. conv. & Article V, being an
mother earth
Jul 2014
#34
I support a Constitutional amendment saying that corporations are not people and they do not have
mother earth
Jul 2014
#19
Lawrence Lessig, Rachel Maddow discuss America's broken campaign system & constitutional convention
mother earth
Jul 2014
#31
Difference between constitutional convention & article V convention explained (runaway myth)
mother earth
Jul 2014
#33
The Koch Bros. are at work while we do nothing, things can get worst & they will if we don't act.
mother earth
Jul 2014
#37