Nine Reasons why a Convention of States is a Controlled Convention to propose amendments
T. McGillvray
Text of 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;
Key words: Application, legislatures of the states, Convention for proposing,
1. “The Convention for Proposing Amendments” (CFPA) is a Convention of States (Smith V. Union Bank 1831). Other court cases and the historical uses of the term confirm this. This means the states elect the delegates (commissioners) who set the rules and procedures of the Convention, not congress. Historically, conventions of states delegates were chosen by the states either by the legislature, a committee of the legislature, or Governor if the legislature was not in session. These conventions only PROPOSE. They have no more power than that. Since when is a proposal a “runaway”?
2. An application has to be submitted by 34 states before a CFPA is called. There are hundreds of applications that have been passed by legislatures on diverse topics, including, but not limited to, term limits, balanced budget, abortion, taxes, repeal of other amendments, apportionment and more. The Application sets the agenda. This is consistent will the approximately 40 conventions of states in history. Not one “ran away” or was “hijacked.” The proof of anything different is on those who make the accusation. Congress has no obligation to send an amendment for ratification that was not on the application of the 34 states that applied for the CFPA.
3. The courts have ruled that a state convention commissioned, based on the “application”, to consider a particular amendment can be limited to that purpose. The courts can stop any amendment outside the convention’s authority, which is set by its “application.” (Opinion of the Justices, 204 N.C. 306, 172 S.E. 474 (1933).) An application is a common term to us. Don’t make it complicated. If I apply for an antelope permit, I can’t kill a moose. All applications are specific to a particular request and the application does not grant authority beyond the scope of the application. The application for a CFPA is no different. You are limited to what is on the application.
4. The Convention sets in own rules and procedures, not congress (Leser V Garnett 1922). All historical Conventions of States set their own rules and procedures. Because it is a convention of States, each state is sovereign and has one vote. This is consistent with all history. Any motion to move beyond the application that had been submitted by the 34 states, would be ruled out of order and dead. Remember, 34 states came with the same application which gave them the authority for the Convention. The application is a legal document passed by 34 state legislatures and limits the commissioner’s authority to that application. Legislators would be unwilling to go beyond the application for reasons of law, integrity, and the goal to save our nation.
5. The Convention to propose amendments is temporary. It has its legal authority based on its application to propose an amendment or amendments. Once that is done the convention adjourns and its work is complete. It has no power but to PROPOSE. A proposal has no authority until ratified by 38 states. The convention has no authority to change the ratification procedure. Article V, (US V Sprague (1933) and Hawke V Smith (1920) sets the ratification of an amendment at ¾ (38) of the states.
6. When the state legislature selects its commissioners to go to a convention of states, they are given instructions, and also take an oath to only address what is on the application. The commissioners are subject to recall. They are also subject to public pressure and disgrace if they fail to stay on the subject of their application. If you were selected, would you disobey your instructions, disregard your oath, and fail your country?
7. No convention of states in history has every runaway. What is running away is congress. They are destroying our country with debt and Presidents have become dictators ruling by agency and executive orders. Article V was given to stop such abuse. Those legislators who refuse to use the constitutional tool of Article V Convention to propose amendments given to us are allowing the abuse and the real runaway.
8. The article V “Convention to Propose Amendments” is NOT a Constitutional Convention that can “open up” the constitution or “rewrite” the constitution. A constitutional convention is not allowed under article V. The CFPA can only propose amendments to “this constitution”.
9. The trajectory of the county is destruction by debt, war funded by debt, and the destruction of our currency due to monetizing of debt because no country will buy our debt. Would you buy debt of a country with a negative real rate of return? Either the state legislatures stop this through the use of article V, or our country is 30-40 years out from economic calamity. This is a clear task of the legislature and if the states do not act, we are as much at fault as Washington. There is no objective reason to believe that a convention, based on an application for specific amendments, a legal document, which can be enforced by courts, will result in a runaway. There is every reason to believe Washinton, Republican and Democrat alike, is destroying our nation. Follow the constitution, support a convention of states.
NOTE: I refer to history quite a bit. The courts have ruled that the courts may consider history when ruling in Article V cases. (Dryer V Blair 1975.)
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