Saturday, October 01, 2011

Report from the Conference on the Constitutional Convention

Report from the Conference on the Constitutional Convention

Well what do you do if they have such a convention and they vote to abolish the present U.S. Constitution in favor of a fascist document that would have been championed by Benito Mussolini? If the sufficient number of States ratify it, the present U.S.A. is terminated without a shot being fired. Think about it.

1 comment:

Chuck Hooper said...

Think about this. It's strange that so many talk of the "perfect" Constitution, that we should simply follow the one we have and that it shouldn't be changed. And then proceed to advocate violating it!

The fact is, perhaps the most important element of the Constitution is Article V and the founders intent that the Constitution could and should be changed as circumstances warrant. Why should Congress be the only vehicle to implement Article V when that power was a quick sop to the Federalists at the 1787 convention? The ability of only the states to amend it was an important component of the the Virginia plan (the Constitution's framework).

Congress and the Supreme Court wreak far greater havoc than a convention could even come close to. After all, anything a convention proposes must be ratified by 38 state legislatures. It has no other power. And to compare it to the 1787 convention (alleged by many to be a "runaway" which it was not) is comparing apples to oranges. The 1787 convention was extralegal; it had no legal authority or power. It was the last critical act of the American Revolution, comprised of the very men who initiated and fought it. They and most everybody else knew the Articles of Confederation could not be made to work. The document they drafted was sent to Congress, which approved it and sent it on to the states, and was ratified by them.

An Article V convention is legal but is limited to one power: to propose amendments to "THIS" Constitution, not write a new one. Supposing doubters' wildest dreams came true and the convention proposed a new constitution? How will it enforce it? It has no authority to order the Army, Congress or Supreme Court to do anything. All the delegates will be able to do then is pack their bags and go home. But to address your ultimate fantasy. If it got to the point that 38 states ratified a new constitution then would it not then be apparent that is what the people want? That the call to alter, even abolish a government and establish a new one if the old one fails as found in the Declaration of Independence has been followed?

Don't forget Professor Lessig's suggestion of holding multiple mock conventions to test the viability of Article V. What's wrong with at least doing that?