Georgia Legislature Convenes January 10, 2011

Constitutional Convention, Too Dangerous to Consider

Fact: A Constitutional Convention (Con Con) would be DISASTROUS for the United States. Their Plan: Republican legislators in Georgia, Virginia, Utah, S.C., Indiana and Texas would like Congress to pass “The Repeal Amendment,” that would authorize states to over-ride federal laws and regulations. If that amendment does not pass, their back-up plan is to press states to demand a Con Con, which is an extremely bad idea. The Repeal Amendment is quoted below:

“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

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During the last several decades, 32 state legislatures passed Con Con resolutions, but since 1988 at least twelve repealed their calls – Alabama, Florida, Louisiana, Idaho, Utah, North Dakota, Arizona, Virginia, South Carolina, Georgia, Wyoming and Oklahoma. All past calls for a Con Con in Georgia were rescinded in 2004, when the General Assembly passed H.R. 1343.

The Constitution of the United States, Article V requires Congress to call a Con Con, after two-thirds (34) of the states pass a bill requesting it. The silence of Article V on details relative to convening, regulating or controlling a Con Con leaves an avalanche of uncertainties, such as:

Are rescinded calls valid? How many states are required to participate? Will all delegates be U.S. citizens? Where will a Con Con convene? How many days, weeks, months will it meet? May the public participate? Who writes the rules? Who presides? Is it limited to one issue? Could the entire Constitution be rewritten? Could our representative republic be replaced with a different government? Do you find answers to these questions in Article V quoted below?

“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.”

ACTION – Oppose a Constitutional Convention. Contact the following before the session begins January 10th.
(a) Senator Judson Hill, 404 656-0150, fax 404 463-2535. To him, say, “Please do NOT introduce a call for a Con Con.”
(b) Governor-Elect Deal’s legislative floor leaders should be reminded of the dangers of a Con Con.
—Governor’s Senate Floor Leaders: Senator Chance, 404 463-1366, fax 404 657-0797;
Senator Jackson, 404 656-5114, fax 404 657-0797; Senator Butterworth, 404 463-5257, fax 404 463-2535;
—Governor’s House Floor Leaders: Representatives Carter, 404 656-0325; Representative Collins, 404 656-0188;
Representative Huckaby, 1 706 207-6623, hankhuckaby@charter.net

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