By Jay Taylor, Senior Vice President – Liberty Alliance, LLC
Recently I went to my state Capitol and talked to many delegates about the Convention of States resolution that they were about to take up. It is amazing how easy it is to speak with not only your own legislator, but others involved in making laws that affect all of us. Many were supportive and a number of them had questions, but there were still the few who hadn’t heard about it or were misinformed about the call.
The biggest misconception was this resolution would be a constitutional convention and would basically rewrite the constitution. This is not the case at all. Just read Article 5 yourself:
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;
The only thing that can happen are amendments. And those amendments must be germane to the call. Can you think of an amendment that limits the power of the federal government that would be bad? If you try really hard maybe you can come up with a silly one. But would that actually pass with a majority vote at the convention? And would a silly one then actually be ratified by the states? Not possible in either case.