Article V Convention of the States Gaining Steam

Article V Convention of the States Gaining Steam

Are there enough states to call an Article V convention? When Chad Pergram, a journalist who covers Congress for Fox News, tweeted on April 1st that Rep. Duncan Hunter from California contacted Boehner to see if enough states had called for a convention of states, it confused many people. The last count said Michigan was the 23rd state. Therefore, if we need 34 states to call the convention, how did we get there? Well, in the below article from the Washington Times, Gregory Watson, a constitutional scholar who helped ratify the 27th Amendment, is counting 12 states who later rescinded their applications. He questions whether an application can be rescinded. I talked to a friend of mine who is a Constitutional authority and he said it would be wrong to bootstrap these earlier states into the count and “in trying to count earlier state decisions on this single issue they invite litigation.” Most experts feel the states should start over with more issues than the balanced budget amendment such as the amendments outlined in Mark Levin’s book, The Liberty Amendments. We will have to see what happens but this is where things stand as of today.
Alexis

Balanced budget convention gains steam as congressman calls for official evaluation

By Stephen Dinan Via The Washington Times

Rep. Duncan Hunter on Tuesday asked Congress to evaluate whether enough states have officially called for a constitutional convention to propose a balanced budget amendment — marking the next step toward what could be an historic gathering.

Mr. Hunter, California Republican, said Congress should take stock of where things stand after Michigan last week approved an official call for a balanced budget amendment convention. According to some analysts, Michigan’s move makes it the 34th state to request a convention.

The final decision is up to Congress.

It is my belief that the House should lead an effort to ascertain whether 34 states have voted affirmatively,” Mr. Hunter said in a letter to House Speaker John A. Boehner.
“A balanced budget amendment is long overdue and remains an effective tool to address runaway spending and deficits,” he wrote. “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 this be the case.”

Article V of the Constitution lays out two different ways for amendments to be proposed. The usual way, which has been the case for all 27 amendments so far, involves two-thirds of each house of Congress approving a resolution proposing an amendment. But the Constitution also says if two-thirds of state legislatures demand a convention, Congress shall convene one for the purpose of considering amendments.

In either case, the amendments must be ratified by three-fourths of the states.
The key question for Congress right now is whether 34 states have issued valid calls for a convention.

Gregory Watson, a constitutional scholar who helped ratify the 27th Amendment in the 1990s, said his count stands at 34 — though he said 12 of those are states that later rescinded their applications.

He said it’s an open question, however, whether an application can be rescinded. That’s one of the issues Congress would have to grapple with should it follow Mr. Hunter’s suggestion and take a closer look at where the tally stands.

Congress would also have to determine if the 34 applications are all similar enough.

A spokesman for Mr. Boehner, Michael Steel, would only say that the speaker’s lawyers will review Mr. Hunter’s request.

“Beyond that, I don’t have any comment at this time,” he said.

Legal scholars say that while an amendment convention has never been tried, it is legitimate.

However, analysts are split on whether it’s a good idea.

Some fear the danger of a runaway convention, which though called for a specific purpose such as proposing a balanced budget amendment, instead ends up rewriting much of the founding document. Others dismiss that, saying the convention can be limited, and that states will have a chance to approve or reject whatever comes out of a convention.

The 27th Amendment mandates that any law changing lawmakers’ salaries cannot take effect until the next term of Congress. It took nearly 203 years to ratify.

The Washington Post

 

Mark Levin noticed the following tweet

balanced budget amendment map

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Comments

  1. Reblogged this on Brittius.com.

  2. Thank you for the update!

  3. Marilee Beckett says:

    How is it that I can graduate high school in the US as a star student, earn an undergraduate degree in the US, work and pay taxes in the US all my life and never understand that the states have the authority to push a constitutional amendment without the federal government leading the charge. It’s truly an education when you turn off the mainstream media and read what’s really going on.

  4. Sarah T. says:

    Alexis – I’m not sure if I understand this issue completely. From just a regular, non-politico, it seems a lot like a lot of politicians finding excuses to not balance the budget. What do we have to do to get our government to actually do the right thing and make fiscal responsibility a priority?

  5. Maybe this is my ignorance in the political process, but does anyone else find it repulsive that we need to have a constitutional amendment in order to balance the budget? Whatever happened to politicians doing their jobs? For more than 200 years our country was able to function fiscally without a special constitutional amendment requiring Congress to get to work. Just GET TO WORK already!

    • A major reason for not balancing the budget by the Feds is that the Democrats, the President and Harry Reid, had no desire for the people of this country to be involved in the process. They do not want us to know what they are spending our tax money on! The gross amount of wasteful spending and giveaways to crony capitalists by the Obama administration has put us in major debt. That is how we arrived at a $17 trillion dollar debt! And he wants to continue to spend!!! In the meantime, our roads and bridges are in terrible shape, there are no meaningful amount of jobs being produced, and his entitlement programs, including his healthcare plan is bankrupting this country! We need to rein this in!!! He is not allowing progress like the pipeline and drilling to go ahead. He is holding back small business and sending much of our business over seas by not allowing lower corporate taxes!

      However, the naysayers are doing their best to discourage us and use scare tactics by calling this a Constitutional Convention and not what it really is A Convention (meeting) of the States to make adjustments. This is our best way to make changes without resorting to more drastic measures. The framers of the Constitution in their infinite wisdom saw this coming down the road and provided a means for us to circumvent the Feds and only deal with the states. The States have the upper hand in this. We have the right to impeach and vote in who we want. The feds have, over the last 100 years, taken much of the power away from the states and left us vulnerable. We need to get that power back! We need to urge our State legislators that this is what is needed. The sooner the better!

  6. Martin, I don’t think this the first time a constitutional amendment was used to prompt a balanced budget but I believe it is the first time that the state legislatures had to stand up with an Article V Convention to force one. I find it equally ridiculous that this would become a necessary step but I am a bit concerned over what it means in terms of constitutional authority.

    I agree that the federal government shouldn’t have limitless, unchecked power but I also believe that not all states can speak equally for the country as a whole. I love Rhode Island but its voice shouldn’t have equal strength as New York’s. Is anyone else concerned that this reach into the federal process by state legislatures opens the possibility of states over-reaching in power and ambition?

  7. Just curious – does anyone have an estimate on how much it’s going to cost the government to decide whether states may rescind their applications? Due process is important but we’ve lost our ability to act because we’re so wrapped up in complex and overly lofty proceedings that lead to a lot of talk and little else. It’s all stalling tactics and posturing and pushing personal agendas.

  8. Alexis….I am a transplant to Georgia and I have retired in the mild south! I despair when I speak to people about what is happening in America, for instance on facebook….it is like crickets! No one responds if I put something positive or negative on there. It is like they want to just ignore the reality or perhaps they are afraid of what could happen to them…..I don’t know what to think! I search the internet looking for people of like mind who are brave and not afraid to say, “this is still America”. I want the America I knew growing up to be passed down to my grandchildren.
    I get up everyday and I go to various websites (fb) of different Senators who are up for re-election and look up their voting record on Heritage Scorecard and recount to their constituents what kind of voting record they have had etc. Many of them have now banned me from posting on their sites. I let the constituents know that they will, in most cases retire with big pensions and full benefits, many are millionaires and have been in DC too long. I do this on the Senate Dirty Dozen, Mitch McConnell and his crew of cheats and vipers. They have sold their votes to the Chamber of Commerce and the Lobbyists, and point out that we need more conservatives in the Senate like Ted Cruz etc. I go to Mark Levin’s site to ask for help.
    So I am happy to see people who want to bring back the America we know…..I know it can be done!

    • Toni,
      Thanks for your wonderful comments! You sound like quite the patriot! Keep up the good work. You are always welcome here to voice your opinion. There are many social conservatives who comment here who can give you moral support too. I know it is a long haul and it can be very frustrating. We just have to stick with it and do all the little things like the ones you mentioned on a continual basis and save the country inch by inch. God bless you!!!

  9. I keep hearing in opposition to an Article V Convention of the States, what about a runaway convention. Well, notwithstanding, the fact that 75% of the states would have to ratify what would come out of the Article V Convention of The States, the whole reason this came into discussion, Mark Levin- thank you, was because we presently have a runaway Federal Government. Our Federal Government has grown astronomically larger at the expense of State’s Rights. I don’t like that. Thank God our framers were smart enough to include Article V in the entire language they chose with intense thought and debate. Which by the way was ratified by the States.

    I pray this takes place, if it doesn’t succeed, it is a huge warning to Federal overreach that We The People are not happy with the direction of our country. And with the State’s legislators our voices will be heard. If and when this convention takes place I firmly believe there will be a ratifiable result.

  10. I like reading a post that can make people think. Also, thank you for permitting me to comment!

Trackbacks

  1. […] Article V Convention of the States Gaining Steam – Queen Of Liberty™. […]

  2. […] There is a movement going on across the country by the state legislators to call an Article V conven…in order to bypass Congress and force them to balance the budget. While I am thrilled by this endeavor, I believe we need to utilize the Article V process to include other amendments similar to what is outlined in Mark Levin’s book, The Liberty Amendments. When we see the behavior of men like Eric Cantor, John Boehner and many others, let it be a reminder to all of us to call and write our state legislators and ask for term limits to be added to the Convention of States application in your area. The framers never envisioned our federal government to have these lifetime appointees with such overreaching power. It is the exact opposite of what our republic was intended to be when it was designed. The conservative war must be fought on two battle fields; the state government with a convention of the states to amend the Constitution which will bring us back to the rule of law, and the ballot box by electing the most conservative politicians possible on local, state and national levels. […]

  3. […] Click Here for an Article V Convention Progress Report […]

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