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Old 05-06-2014, 09:07 AM  
planetdoc planetdoc is offline
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Constitutional Convention

How Michigan may have triggered convention to amend U.S. Constitution
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Michigan's Republican-led Legislature may have inadvertently made history last month when it adopted a resolution urging a convention of the states for the purpose of drafting a balanced budget amendment to the U.S. Constitution.

Article V requires Congress to authorize a convention when 34 states have called for an amendment on the same topic, but that threshold has never been reached.

Conventional wisdom suggests -- and supporters repeatedly stated -- that by adopting its resolution, Michigan had joined more than 20 other states with similar applications.

But Michigan may unknowingly have been the 34th state to call for a federal balanced budget amendment, according to at least one constitutional scholar. A California Congressman is asking U.S. House Speaker John Boehner to consider the argument and explore whether a convention should be called.

The dispute hinges on an apparently untested legal question: Can a state rescind an application after petitioning Congress?

"There is a school of thought -- scholars are very divided on the subject -- that once a state Legislature has said 'yes' to an Article V Convention, it is without the ability to then turn around and change it's mind and say, 'No, we don't want that any more," said Gregory Watson, a constitutional expert who works as a staffer in the Texas House.

"The issue has never been brought before a federal court, and that's why I think perhaps, maybe, possibly someone somewhere -- not necessarily in Michigan -- could file a lawsuit in a federal court claiming that the 34-state threshold has indeed been met."
34 States Call for Constitutional Convention — and Possible Rewrite
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Even with Michigan recently becoming the 34th state to call for a Constitutional Convention, it's not at all certain that a rewrite of the nation's founding document is close at hand.

House Speaker John Boehner is reviewing whether the action by Michigan has triggered the constitutional mandate that Congress call such a convention.

For example, Alabama, Florida, Georgia, and New Hampshire called for a convention in the 1970s, and all later rescinded the requests. While they were not the only states to rescind the measure, since 2010 the four states have again called for a convention to specifically deal with a balanced-budget amendment.

The resulting confusion, and lack of clear guidance in the Constitution, will have to be sorted out by the congressional leadership since Article 5 says that Congress "shall call a convention for proposing amendments" when requested by enough states.

Under Article 5 of the Constitution, such a convention can be convened when requested by two-thirds of the states, and it is one of two ways to propose amendments to the nation's founding document.

The other method — by which all previous constitutional amendments have been initiated — requires a two-thirds vote in both houses of Congress. Ratifying amendments then require three-fourths of the states to approve.

in calling for a convention, Congress has no discretion, meaning it is clear that if two-thirds of state legislatures ask, it must happen.
Indiana to host meeting for planning Constitutional Convention
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Legislative leaders in all 50 states have been asked to send delegates to Indianapolis for a second discussion on the state-led process for crafting amendments to the U.S. Constitution, and to begin shaping the rules and procedures a Convention of the States that would follow.

Senate President David Long, R-Fort Wayne, is among the organizers of the June 12-13 meeting of The Mount Vernon Assembly that will convene in the Indiana Statehouse.

He said delegates won't be proposing amendments to the U.S. Constitution this time. Instead, the goal is "to put a structure and a foundation in place for a Convention of the States, so that we can have consensus on how this thing is going to be run."
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Old 05-06-2014, 09:10 AM   #2
Trolly McTrollson Trolly McTrollson is offline
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Oh man, this sounds like it will be extremely productive.
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Old 05-06-2014, 09:18 AM   #3
cosmo20002 cosmo20002 is online now
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I wait for Judge Napolitano to weigh in...

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Old 05-06-2014, 09:55 AM   #4
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Old 05-06-2014, 10:28 AM   #5
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I'm having trouble imagining the arguments against the ability of states to rescind their call for a convention. It makes no sense that a call for a convention is irrevocable for all time so absent explicit language in the constitution to that effect, I'm going to side with the rescinders.
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Old 05-06-2014, 11:15 AM   #6
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The specific point of the article aside, I can't imagine the travesty that a present day convention would produce.
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Old 05-06-2014, 11:15 AM   #7
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Old 05-06-2014, 11:48 AM   #8
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balanced budget. that's a good one.
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Old 05-06-2014, 12:08 PM   #9
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Quote:
Originally Posted by ClevelandBronco View Post
The specific point of the article aside, I can't imagine the travesty that a present day convention would produce.
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Old 05-06-2014, 12:10 PM   #10
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Originally Posted by ClevelandBronco View Post
The specific point of the article aside, I can't imagine the travesty that a present day convention would produce.
the last that was submitted was in 1971 allowing people 18 and older the right to vote. https://en.wikipedia.org/wiki/List_o...s_Constitution

that turned out ok.
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Old 05-06-2014, 12:32 PM   #11
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I'd love to see it...kinda cool to have that history happen in my lifetime. I was like one year old in 1971.
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Old 05-06-2014, 01:38 PM   #12
ClevelandBronco ClevelandBronco is offline
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the last that was submitted was in 1971 allowing people 18 and older the right to vote. https://en.wikipedia.org/wiki/List_o...s_Constitution

that turned out ok.
If it were up to me, the voting age would be raised to 27.

Regardless, I don't fear the amendment process. I fear a Constitutional Convention.
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Old 05-06-2014, 03:15 PM   #13
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Originally Posted by ClevelandBronco View Post
The specific point of the article aside, I can't imagine the travesty that a present day convention would produce.

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Old 05-06-2014, 03:20 PM   #14
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Poor Delaware.
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Old 05-06-2014, 03:20 PM   #15
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Poor Delaware.
I'm surprised anybody claimed Vermont.
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