JimBowie1958
Old Fogey
- Sep 25, 2011
- 63,590
- 16,767
- Thread starter
- #181
It is also interesting to note that Boehner has simply ignored the call for a convention of the states since April of 2014.
This will inspire many conservatives to demand action soon. For every cloud there is a silver lining.
The process for an Article V Convention has not been met. 34 states need to formally apply for a convention on the same specific amendment - which has not come close to occurring.
No, there is no requirement that the call for the convention be for the same reason. The entire text of ARticle V is here:
"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."
There is no limitation to what the convention can address in the Constitution and since it will be a superior body once convened Congress wont be able to tell them they cannot consider one thing or the other. The call is for an amendments convention by the states and the 'why' is irrelevant once the convention begins.
How do you think we got our current Constitution? When a similar convention was called to address or modify the Articles of Confederation. And look how that turned out.