Friday, August 30, 2013

The Myth of a Runaway Amendments Convention

The Founders bequeathed Americans a method to bypass the federal government and amend the Constitution, empowering two thirds of the states to call an Amendments Convention. In the wake of Mark Levin's bestselling book, The Liberty Amendments, proposing just such a convention, entirely unnecessary alarms have been raised by even some of the leading lights of conservatism, based on an incomplete reading of history and judicial case law.
Phyllis Schlafly is a great American and a great leader, but her speculations about the nature of the Constitution's"convention for proposing amendments" are nearly as quaint as Dante's speculations about the solar system. Those speculations simply overlook the last two decades of research into the background and subsequent history of the Constitution's amendment process. They also ignore how that process actually has worked, and how the courts elucidate it.
The Founders provided, in Article V of the Constitution, for a "convention for proposing amendments." They did this to enable the people, acting through their state legislatures, to rein in an abusive or runaway federal government. In other words, the Founders created the convention for precisely the kind of situation we face now.
Mrs. Schlafly doesn't think we know much else about the process. She writes, "Everything else about how an Article V Convention would function, including its agenda, is anybody's guess."

Via: American Thinker


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