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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For example, Alabama, Florida, Georgia, and New Hampshire called for a convention in the 1970s, and all later rescinded the requests.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, 04:10 PM   #16
BucEyedPea BucEyedPea is offline
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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.
I'm with you on this. I prefer the second method for proposing amendments because a Constitutional Convention is more than likely going to wind up as another runaway convention--as the first one was. Now look where we wound up? That's the danger of having a Con-Con for adding an amendment. And it will be a runaway convention. With today's politicians and few with the wisdom of our Framers this would be a travesty.
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Old 05-06-2014, 04:11 PM   #17
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The other thing is be careful what you wish for--because a BBA can mean more taxes will be passed too. There are other problems with one as well....but I don't have time as it's involved and I am getting ready for another business trip.
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Old 05-06-2014, 04:19 PM   #18
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To those on the right or anyone in the middle, who finds this idea appealing just know that left will be present because George Soros is calling for this same convention along with Levin, Hannity, Rush and Beck. So it's RISKY in capital letters. They want to get rid of person hood for corporations and more when there.

If we just followed the Constitution as it was written we'd not need a convention to get a balance budget.
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Old 05-06-2014, 04:53 PM   #19
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Originally Posted by BucEyedPea View Post
To those on the right or anyone in the middle, who finds this idea appealing just know that left will be present because George Soros is calling for this same convention along with Levin, Hannity, Rush and Beck. So it's RISKY in capital letters. They want to get rid of person hood for corporations and more when there.

If we just followed the Constitution as it was written we'd not need a convention to get a balance budget.
and where in the constitution was it written that we must have a balanced budget, judge bep?
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Old 05-06-2014, 05:24 PM   #20
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I'm also of the opinion that this convention would be an unqualified runaway. To expand on a popular metaphor, it would be like making sausage in the town square, and inviting everyone to not only watch and offer suggestions, but bring along their own cart full of "ingredients".
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Old 05-06-2014, 07:44 PM   #21
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Originally Posted by BucEyedPea View Post
The other thing is be careful what you wish for--because a BBA can mean more taxes will be passed too. There are other problems with one as well....but I don't have time as it's involved and I am getting ready for another business trip.
That is just cruel. You tease us with enlightenment and then snatch it away.
You just leave us here on the edge of our seats waiting for your return.
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Old 05-06-2014, 07:46 PM   #22
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Originally Posted by go bowe View Post
and where in the constitution was it written that we must have a balanced budget, judge bep?
Looks like she had to leave for that trip right before your question.
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Old 05-06-2014, 08:08 PM   #23
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Originally Posted by cosmo20002 View Post
Looks like she had to leave for that trip right before your question.
but she'll be baaaaahk /think arnold's voice...
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Old 05-06-2014, 10:32 PM   #24
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but she'll be baaaaahk /think arnold's voice...
Nah, I'd think BEP would sound more like the large red-headed receptionist with the high pitched voice from Office Space.......
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Old 05-06-2014, 10:47 PM   #25
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Old 05-06-2014, 10:52 PM   #26
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Nah, I'd think BEP would sound more like the large red-headed receptionist with the high pitched voice from Office Space.......
much better choice...
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Old 05-07-2014, 06:51 PM   #27
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