January 20, 2014 Newsletter

U.S. Constitution Authorizes, but does not restrict,
a Con Con, AVC, or COS

Opinion of the Justices
“There is no effective way to limit or muzzle the actions of a Constitutional Convention…. After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda.” – Supreme Court Chief Justice Warren Burger

“There is no enforceable way to prevent wholesale changes to the Constitution and Bill of Rights.” – Supreme Court Justice Arthur Goldberg

U.S. Constitution Authorizes, but does not restrict, a Con Con, AVC, or COS

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…. And that no State without its consent, shall be deprived of its equal suffrage in the Senate.” – The Constitution of the United States

The belief that a Constitutional Convention (Con Con) or Article V Convention (AVC) or convention of the states (COS) can be restricted to one issue, is not based on the constitution or law or court decisions or judicial rulings, but on dicta, i.e. opinions. Regardless of debate or opinion, no one can guarantee what will be introduced or passed once a convention begins.

  • Nothing restricts its purpose, procedure, agenda, duration, results or conduct of delegates.
  • There is no proof a balanced budget amendment would be introduced or passed.
  • There is no indication that delegates would be sworn to uphold the U.S. Constitution.
  • Delegates could throw out the existing Constitution and pass a plan to “remake America.”
  • There is no requirement for a convention to have a House and Senate, as Congress does.
  • Big-population states could be in control, rendering less-populated states irrelevant.
  • Congress needs a 2/3rds vote in both House and Senate to change the Constitution, but a super majority is not required in a convention.
  • There is no assurance that delegates would obey restrictions recommended by states.
  • International activists and special interest groups could insist on inserting global policies.

The first and only Con Con was called under the Articles of Confederation, the governing document of the original thirteen states. However, the delegates cast aside the Articles of Confederation and adopted The Constitution of the U.S. Soon the ten amendments comprising the Bill of Rights were added. Since then, 16 other additions have been made, meaning this: The U.S. Constitution has been safely amended 26 times without a Con Con, AVC, or COS.

ACTION – Oppose S.R. 736 introduced January 13th by Senator Staton. Call Senate Rules Committee members. Senators Mullis, Ch., 404 656-0057; Tolleson, V. Ch., 656-0081; Jackson, Sec., 651-7738; Butler, 656-0075; Chance, 463-1366 Ex Officio; Gooch, 656-9221 Ex Officio; Henson, 656-0085; Hill, Jack, 656-5038; Hill, Judson, 636-0150; Millar, Fran; 463-2260; Miller, Butch, 656-6578 Ex Officio; Murphy, 656-7127; Shafer, 656-0048 Ex Officio; Staton, 656-5039 Ex Officio; Tate, 463-8053; Unterman, 463-1368. [Page two expands on the dangers of a Con Con, AVC or COS.]

  • To read the rest of this newsletter in PDF format, please click here.