Convention of States (COS) is Controlled by Congress
and Not the States… So, could the American Legislative Exchange Council be behind the Article V Amendment Convention? We think so because they wrote the legislative Article V handbook to disburse to all the states! We mention that in this article which explains their pro-corporate, anti-consumer mission.
This is a SCAM on the part of the Convention of States (COS)
The information that is being dispersed by the Convention Of States (COS) on the Article V Convention is in ERROR! COS is deliberately intending to mislead the legislators and the people in thinking that the states have complete control of the Article V convention process. This is not true. Congress has control of all Article V Amendment Conventions.
Why don’t the COS leaders list their legal authority for each of the so-called processes that they have laid out in the Convention of States process?
COS published their answer to “How Do States Choose Their Delegates?”… because this is our key question!
States are free to develop their own selection process for choosing their delegates—properly called “commissioners.” Historically, the most common method used was an election by a joint session of both houses of the state legislature. Rob Natelson explains this further in the ALEC handbook (page 14). (The link points to the American Legislative Exchange Council (ALEC) website. On the ALEC website is a link to the “Proposed Constitutional Amendments by a Convention of States.) The Convention of States is nothing more than an Article V Amendment Convention a.k.a. Constitutional Convention.
This is where U.S. Congress is in control
This is from Congressional Research Services (CRS) “The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress” R42589
While the Constitution is silent on the mechanics of an Article V convention,
Congress has traditionally laid claim to broad responsibilities in connection with a convention, including:
Another CRS document to be used for reference is this one: “The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress” R42592
The following is quoted directly from “The Article V Convention to Propose Constitutional Amendments Amendments: Contemporary Issues for Congress” R42589 page 22:
Perhaps the most assertive expression of the open or general convention argument centers on the doctrine of “conventional sovereignty:”
According to this theory, a convention is, in effect, a premier assembly of the people, a representative body charged by the people with the duty of framing the basic law of the land, for which purpose there devolves upon it all the power which the people themselves possess. In short, that for the particular business of amending and revising our Constitution, the convention is possessed of sovereign powers and therefore is supreme to all other Government branches or agencies.”98 (98 Brickfield, Problems Relating to a Federal Constitutional Convention, 16)
Please Note: The convention possesses sovereign powers supreme to all government branches. It appears that the states have no control over the delegates once the convention convenes because they possess powers supreme to all government branches.
Are you willing to take a chance on destroying our existing U.S. Constitution?
*NOTE: Nevada’s Legislative Operations Committee just voted 7 to 3 to kill SB274!
So, this recent victory did beat back the Con-Con call! One activist from Nevada says, “This bill is what we call the ‘Convention of States comfort blanket bill’. It purported to limit delegates and subject matter as well as prescribe punishments for violations. Those of us in the Article V issue world know these bills are just designed to give false comfort to The People and legislators so they can attempt to pass an Article V call next session.”
Securing the blessings of liberty,