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1 Steve Dutch  Tue, Dec 21, 2010 1:07:29pm

How many times do I have to say it? RFTC - Read The F…antastic Constitution! Here’s what it says in Article V:

on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution.

Got it? The states can launch a Constitutional Convention. It says shall call, meaning Congress has no choice. The President has no veto power over it. I suppose this measure will be proposed (and die) in Congress, but there’s also a push to get it through the states. And two thirds is a pretty high bar. So it probably won’t happen.

Now it’s never happened - yet, but to speak as if Congress has any say in whether it does if the states call for a convention, let alone the President being able to veto it, is simple Constitutional illiteracy.

Every time anyone even whispers about this idea, the Beltway class goes into full-bore freakout mode. How can the States using a power they are specifically granted in the Constitution be a threat to it?

2 Jaerik  Tue, Dec 21, 2010 4:45:58pm

The problem is the echo chamber effect.

A constitutional amendment requires an almost impossibly high level of consensus. The country is nowhere near agreement on such complex issues.

Unless, of course, you get all of your news from a handful of sources who spend all their time agreeing with one another. Then it probably seems that way.

3 Steve Dutch  Tue, Dec 21, 2010 8:36:41pm

The bar is even higher than my first post indicated. You have to get 2/3 of the states (34) to call for a convention. Then the convention actually has to approve the proposed amendments. And even supporters of this proposal are antsy because unless the resolutions are very precisely and identically worded, they might end up with a convention proposing who knows what? Single payer health care? Gay marriage? Then the proposed amendments have to be ratified by 3/4 of the states (38). So the proposing states can’t do it all alone.

There is no - zero - precedent to guide the Convention process. The only other time we ever resorted to conventions to amend the Constitution was the repeal of Prohibition, which specified state conventions, probably to reduce the threat of voter retaliation.

The proposed amendment sets the bar pretty high, by the way. Getting two thirds of the states to agree to identical resolutions to repeal a Federal law would not be easy. So even if this amendment goes through, doing anything with it will be a tough sell. Isn’t there enough on the Far Right to panic about?

I personally believe we should have marked the 200th anniversary of the Constitution (1989) by calling a Constitutional Convention. But nobody else did.


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