12.12.2008

HJR8: Quota almost reached for a Constitutional Convention

It's not broken, so let's not fix it. As a matter of fact, let's start using it again, 'kay? - Ed.

On December 3rd, the Ohio House of Representatives introduced HJR 8, a resolution calling for a Constitutional Convention, provided for by Article V of the U.S. Constitution.

This is one of only two legal methods for amending the Supreme Law of the Land. This nation is only a few states away from having application of the requisite 34 states needed to convene a Constitutional Convention.

It is worth noting that many states which have called for a Constitutional Convention in the past have since withdrawn their requests (Alabama, Arkansas, Idaho, New Hampshire, and others) after realizing the danger of such an event.

If a Constitutional Convention is called, our Constitution and Bill of Rights would be up for grabs and open to any and all changes.


[snip]

SUMMARY OF THE DANGER:
A Constitutional Convention has no limitations!

Once Congress calls for a Constitutional Convention Article V grants that assembled convention the exclusive power to propose amendments regardless of the original reason for its call. By its very definition a Constitutional Convention is a sovereign body and therefore cannot be limited.

Recall that the first Constitutional Convention was held simply for the purpose of amending the Articles of Confederation under Article XIII, which indicated that the consent of all State legislatures is required for amendment. Instead, delegates – having met in total secrecy for several months – emerged with a new fundamental government design, which stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect.

Everything in the current Constitution could be tossed, and replaced with whatever the delegates decide. A new convention could even decide not to bother having the states ratify what it produces. A constitutional convention has no limitations. With today’s hostile and divided political climate, can we trust that our rights would be secure?

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