Conservatives zero in on constitutional convention plan

[powerofk]

Just so you know, if memory serves me correctly, the 21st amendment (repealing prohibition) was passed using the “Constitutional Convention” system.

 

[RGCheek]

Just so you know, if memory serves me correctly, the 21st amendment (repealing prohibition) was passed using the “Constitutional Convention” system.

It was a state ratifying convention, but after the amendment was passed by Congress.

So there is precedent, but not for cases where the states have no leading amendment/s to consider, if I am reading this right.

 

[ishii]

I don’t know what leaves people so clueless about how this would work. Of course there are not any provisions in the Constitution about how such a convention would be done BECAUSE THAT CONVENTION WOULD BE A HIGHER AUTHORITY THAN THE CONSTITUTION.

The states would hold their convention like the one that led to the Revolution and the one that led to our current constitution. The leaders agree on where to meet and once there things roll according to Roberts rules of order.

The federal government is out of control and shows no sign of slowing down. There is not one single institution that limits the President in practical terms. He can effectively rewrite any law he wants by issuing an Executive order to let some facets of current law go unenforced (like immigration) while he uses the power of the government to harass anyone he sees fit (like gun stores and pawn shops).

Since the GOP backed down from the POTUS illegal immigration amnesty, the rule of law is effectively over in this country. One man can do whatever he wants and the law is bent to his preference and no one can or will stop him.

Of course we all know that if a GOP President was doing this, the Democrats would be howling in the streets, Congress would be voting on impeachment and the GOP Congressmen would be trying to decide who can safely vote with the Dems so they could put this problem behind them and get back to cutting pork.

We MUST have a State Convention or this nation is DEAD, a zombie walking.

How would we prevent the constitutional convention from being hijacked by the left? I mean as it is right now - the left is basically calling the shots. The republicans deferring to obama even though they control congress

Ishii

 

[JonNC]

How would we prevent the constitutional convention from being hijacked by the left? I mean as it is right now - the left is basically calling the shots. The republicans deferring to obama even though they control congress

Ishii

Yes, true. It will be interesting to see how the Democrats respond if a newly elected Republican president uses his phone and his pen to issue executive orders lifting all mandates and requirements of ACA, cancels all regulatory actions of the last 6 years of the EPA, among other non-constitutional novelties of this administration.
Then it will be a “constitutional crisis”.

Jon

 

[RGCheek]

How would we prevent the constitutional convention from being hijacked by the left? I mean as it is right now - the left is basically calling the shots. The republicans deferring to obama even though they control congress

Ishii

1. Republicans control Congress and the Speaker sets the initial place and time of the convention, and sets the initial rules, though the convention can completely ignore them once it is in session.
2. The states will have representatives there based on, in all likelihood, the congressional delegation. Probably something like the membership of the Electoral College or a joint session, but that is just a guess.
3. Once the convention starts, if based on an elected slate of delegates in numbers matching their representation in a joint session of Congress, the GOP and conservatives in general will have a decisive majority.

The only ones truly fearful of loss of their own interests by such a convention is the Inside the Beltway Establishment of BOTH parties and their lobbyists who currently run everything through back channels.

 

[RGCheek]

Yes, true. It will be interesting to see how the Democrats respond if a newly elected Republican president uses his phone and his pen to issue executive orders lifting all mandates and requirements of ACA, cancels all regulatory actions of the last 6 years of the EPA, among other non-constitutional novelties of this administration.
Then it will be a “constitutional crisis”.

Jon

Then the Federal courts will step in and make sweeping reversals of duly passed laws.

The only way to fix this country TODAY, as exemplified by the passage of DOMA in response to same sex marriage, is to go Constitutional while the proverbial ‘iron is hot’.

 

[ProVobis]

It was a state ratifying convention, but after the amendment was passed by Congress.

That appears to be the case. However, theoretically an amendment can take effect without any Congressional intervention. No real need to have debates on the Senate and House floors over this.

news.yahoo.com/doing-math-constitutional-convention-104015594.html

Last I heard Republicans had full control in 30 states; Democrats in 9. So anything goes but it’s not bad odds.

 

[RGCheek]

That appears to be the case. However, theoretically an amendment can take effect without any Congressional intervention. No real need to have debates on the Senate and House floors over this.

news.yahoo.com/doing-math-constitutional-convention-104015594.html

Last I heard Republicans had full control in 30 states; Democrats in 9. So anything goes but it’s not bad odds.

I agree; shoot for the moon!

 

[Lapey]

Well this is interesting but I highly doubt that any amendment would pass with the necessary 3/4 of states or 38 states needed to pass a new amendment.

Also republicans should be careful what they wish for it’s all fine and dandy to talk about cutting the budget but to follow through, well that’s a whole different story! What would we cut?

The Military? BAWWHAHAHAHAH,HEE,HEE,HA, oh man, I crack my self up!
Public Education? You must not care about kids!
Medicare? Old people are republicans biggest friends treat them nicely young man!
Foreign aid? Whats that? You want to stop helping Israel!?! You must be a evil anti Semite!
Raise Taxes? Yeah you get the point.

Tea Partiers are the equivalent of a young virgin man talking dirty to his bride on their wedding day, everything goes great right up to the point of consummation, then the only thing that follows is disappointment, while I think its a good idea to have a balanced budget we have the means to do so right now, whats stopping us is the current polarized political climate in are government, lets set aside are differences and compromise then maybe we could find a solution to are budget woes.

Totals
President (2012) Democratic 332-206
U.S. Senate (2014) Republican 54-44-2(a)
U.S. House of Reps (2014) Republican 247-188
Governor (2014) Republican 31-18-1
Majority in State Senate (2014) Republican 36-14
Majority in State House (2014) Republican 33-16

These numbers are the current make up of the states leadership controls. A few more elections and the republican Party will have the votes to call the convention and control it. The threats of a runaway convention are all but gone when that happens. I think it will happen; why do I think that, because the Democratic Party is in support of evil and will continue to support that evil and therefore continue to alienate the voters in red and even not so red states. The left has ridiculed and mocked conservatives for too long to not expect a backlash. Gary’s prophecy, the backlash is coming!

I voted yes but not because of a balanced budget amendment alone. I want to see a convention of the states called to end the evil of abortion and other intrinsically evil and/or disordered issues now currently supported and promulgated by many.

 

[Lapey]

I voted “yes” with the huge caveat that no other topic may be explored. I am that much in favor of a balanced budget, but I am opposed to an open constitutional convention. The progressive movement would seek to eliminate basic human rights, such as religious free exercise, the right to keep and bear arms, property rights, the 10th amendment limit on central government power, etc.

Jon

They are not in control, and if recent history proves to continue, they will be even less in control. Much needs to be done and nothing will be done if we walk scared. Abortion, SSM, the budget, runaway entitlement programs, immigration, capital punishment, and etc., all need to be on the table.

Even the way senators are elected needs to be discussed. How many of you realize that the senate seats representing each of the states were not always by popular vote? That’s right, it was not general elections but appointments by state governments that filled the US Senate. That is how it should still be today; this would give the states the power in which the founding Fathers intended. The 17th amendment in 1913 changed it to a popular vote of the citizens. There is a reason the House of Representatives is called the “people’s house”. It was intended to be the direct representative of the people, and the Senate the representative of the states.

 

[Lapey]

How would we prevent the constitutional convention from being hijacked by the left? I mean as it is right now - the left is basically calling the shots. The republicans deferring to obama even though they control congress

Ishii

It would be controlled by state officials, not currently elected representatives. The pool of conventioneers may be some of those members but what we must understand, a convention would basically set aside all leadership until complete, the states would be in complete control, 31 of the 50 are now in the control of republicans.

A constitutional convention would be much like the beginning of our country as another poster put it. This would be an opportunity for the STATES to take back what is rightfully theirs, control.

 

[Lapey]

1. Republicans control Congress and the Speaker sets the initial place and time of the convention, and sets the initial rules, though the convention can completely ignore them once it is in session.
2. The states will have representatives there based on, in all likelihood, the congressional delegation. Probably something like the membership of the Electoral College or a joint session, but that is just a guess.
3. Once the convention starts, if based on an elected slate of delegates in numbers matching their representation in a joint session of Congress, the GOP and conservatives in general will have a decisive majority.

The only ones truly fearful of loss of their own interests by such a convention is the Inside the Beltway Establishment of BOTH parties and their lobbyists who currently run everything through back channels.

Unless I am completely misinformed, the US House and Senate would not have much to do with the CC, it would be State controlled, which is even more in the control of conservatives.

 

[Lapey]

Then the Federal courts will step in and make sweeping reversals of duly passed laws.

The only way to fix this country TODAY, as exemplified by the passage of DOMA in response to same sex marriage, is to go Constitutional while the proverbial ‘iron is hot’.

The Constitution would be changed, not mere laws. The courts would have to respect the newly amended constitution.

 

[stevegravy]

All this speculation, I know what the words of the Constitution say. But, that means nothing as we have seen time and time again; the important people will decide what they mean. And they have the coercive power.

I see this as a forlorn hope of a once free people, trying to get their freedom back.

 

[JonNC]

Well this is interesting but I highly doubt that any amendment would pass with the necessary 3/4 of states or 38 states needed to pass a new amendment.

Also republicans should be careful what they wish for it’s all fine and dandy to talk about cutting the budget but to follow through, well that’s a whole different story! What would we cut?

The Military? BAWWHAHAHAHAH,HEE,HEE,HA, oh man, I crack my self up!
Public Education? You must not care about kids!
Medicare? Old people are republicans biggest friends treat them nicely young man!
Foreign aid? Whats that? You want to stop helping Israel!?! You must be a evil anti Semite!
Raise Taxes? Yeah you get the point.

While there are lots and lots and lots and lots of things that could and constitutionally should be cut from the federal budget (look up the enumerated powers listed in the constitution for more details), I wish to focus momentarily on public education.
The kids were far better off before the interference of the federal government with their disastrous progressive pedagogy and methods. One need only look at the continuous drop in SAT scores, “recentering” notwithstanding, during the growth of federal interference in.
And it isn’t a matter of Common Core. That’s just stadards. The problem is in how the progressives want things taught, and what they want devalued. Even in the district in which I teach, the battle over Whole Language, perhaps the most catastrophic teaching approach in history, rages on, reformulated as “Balanced Literacy”.

No. the kids and America would be much better educated if the Federal Dept of Education were shut down, and federal interference in public schools ended.

Tea Partiers are the equivalent of a young virgin man talking dirty to his bride on their wedding day, everything goes great right up to the point of consummation, then the only thing that follows is disappointment, while I think its a good idea to have a balanced budget we have the means to do so right now, whats stopping us is the current polarized political climate in are government, lets set aside are differences and compromise then maybe we could find a solution to are budget woes.

I see no future of progressives “compromising” on the budget. Their idea of compromising is reducing slightly the rate of growth. One can see that in the language they used regarding the sequestration, which was a drop in the huge bucket of federal spending. But here’s my compromise: return spending to Bill Clinton’s last budget, adjusted for inflation, of course.

Unless progressives think he didn’t care about kids and old people.

Jon

 

[ProVobis]

Unless I am completely misinformed, the US House and Senate would not have much to do with the CC, it would be State controlled, which is even more in the control of conservatives.

You are correct.

If the U.S. House and U.S. Senate want to pass their own bills afterwards, which they might want to do to send a message to their constituents, they may do that but it shouldn’t affect the CC and its ability to amend the constitution.

 

[RGCheek]

This video of a Levin speech is pretty informative. I am not a Levine fan, but I think he nails it here.

youtube.com/watch?v=tdZuV8JnvvA

 

[RGCheek]

You are correct.

If the U.S. House and U.S. Senate want to pass their own bills afterwards, which they might want to do to send a message to their constituents, they may do that but it shouldn’t affect the CC and its ability to amend the constitution.

newsmax.com/US/constitutional-convention-Boehner-balanced-budget/2014/04/11/id/565155/

"Even with Michigan recently becoming the 34th state to call for a Constitutional Convention, ***it’s not at all certain that a rewrite of the nation’s founding document is close ***at hand.

" House Speaker ***John Boehner is reviewing whether the action by Michigan ***has triggered the constitutional mandate that Congress call such a convention.

" Republican Rep. Duncan Hunter of California recently asked Boehner for clarification as to where the state count stands, and if Michigan has tipped the two-thirds majority needed to make the convention call.

“With the recent decision by Michigan lawmakers, it is important that the House — and those of us who support a balanced budget amendment — determine whether the necessary number of states have acted and the appropriate role of Congress should be in this case,” Hunter wrote to Boehner.

" Boehner spokesman Michael Steel told The Washington Times that the Republican leader will have his lawyers review the request.

" What may give the speaker pause in his decision is that several states long ago rescinded their calls for a convention, although there is nothing in the Constitution that allows them to do that."

Apparently the Speaker of the House has the authority to determine if the convention has been successfully called and determines the initial setup, though everything else is up to the convention itself once convened.

 

[ishii]

They are not in control, and if recent history proves to continue, they will be even less in control. Much needs to be done and nothing will be done if we walk scared. Abortion, SSM, the budget, runaway entitlement programs, immigration, capital punishment, and etc., all need to be on the table.

Even the way senators are elected needs to be discussed. How many of you realize that the senate seats representing each of the states were not always by popular vote? That’s right, it was not general elections but appointments by state governments that filled the US Senate. That is how it should still be today; this would give the states the power in which the founding Fathers intended. The 17th amendment in 1913 changed it to a popular vote of the citizens. There is a reason the House of Representatives is called the “people’s house”. It was intended to be the direct representative of the people, and the Senate the representative of the states.

“They are not in control.”

Neither are the Democrats in control of the US congress, but they are certainly setting the agenda, aren’t they. ( I mean Obama is). I have little confidence that the Republicans could stand up in the winds that would blow during a constitutional convention - that come from the left and the media. They can’t stand up with a majority in congress - how would they stand up to the left when so much is at stake? What have they done that would convince you they are capable of doing so ?

Ishii

 

[RGCheek]

“They are not in control.”

Neither are the Democrats in control of the US congress, but they are certainly setting the agenda, aren’t they. ( I mean Obama is). I have little confidence that the Republicans could stand up in the winds that would blow during a constitutional convention - that come from the left and the media. They can’t stand up with a majority in congress - how would they stand up to the left when so much is at stake? What have they done that would convince you they are capable of doing so ?

Ishii

These would be STATE Republicans, not national inside-the-Beltway Republicans.

There’s a big difference.