December 13th ALERT

Constitutional Convention, Too Dangerous to Consider

Although reasons for proposing it may seem noble, a Constitutional Convention (Con Con) would be DISASTROUS for the United States! But, incredibly, a Con Con is the fall-back plan of Republican legislators in Virginia, Utah, South Carolina, Indiana, Texas and Georgia. The plan: (a) Introduce “The Repeal Amendment” in Congress. (b) If it fails to pass, call a Con Con.

Language of The Repeal Amendment:

“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

The Georgia connection is Senator Judson Hill, who announced plans to introduce a call for a Con Con in 2011. If he does so, he will be jumping to Plan (b) before Plan (a) is tried.

Current Status of Con Con
During the last several decades, 32 state legislatures passed Con Con resolutions, but since 1988 at least twelve states repealed their calls – Alabama, Florida, Louisiana, Idaho, Utah, North Dakota, Arizona, Virginia, South Carolina, Georgia, Wyoming and Oklahoma. Georgia’s calls for a Con Con were rescinded when the General Assembly passed H.R. 1343 in 2004.

Congressional Obligation
Congress must act if two-thirds (34) of the states pass a call for a Con Con. The problem: The Constitution of the United States, Article V authorizes a Con Con, but gives no directive for convening, deliberations or control. Critical uncertainties are revealed in a quick read of Article V (quoted below), if the myriad of questions it leaves unanswered are considered by the reader.

Major Unanswered Questions about a Con Con
Are rescinded calls valid? How many states participate? Will delegates be U.S. citizens? What is its locale and length? May the public participate? Who presides or writes rules; how many issues may be considered; could the Constitution be rewritten; could our representative republic be replaced with another form of government?

“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; Provided that no Amendment which may be made prior to the year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

– The Constitution of the United States, Article V

ACTION – Oppose a Constitutional Convention. Contact (a) Senator Judson Hill, 404 656-0150, fax 404 463-2535;
(b) Governor-Elect Deal’s legislative floor leaders: Senators Chance, 404 463-1366, fax 404 657-0797; Jackson, 404 656-5114, fax 404 657-0797; Butterworth, 404 463-5257, fax 404 463-2535
(c) Representatives Carter, 404 656-0325; Collins, 404 656-0188; Huckaby, 1 706 207-6623,
NOTE: Offices for next session are not assigned. These numbers are current offices of re-elected incumbents. Freshman Representative Huckaby has no General Assembly number, but his local number and email are above.