Unbridled Powers of Delegates in a Constitutional Convention
Corpus Jurus Secundum is a compilation of State Supreme Court findings. Following is the collection of findings regarding the unlimited power of the delegates attending a Constitutional Convention. Legal “experts” have asserted that it would be highly unlikely that the U.S. Supreme Court would overturn findings from several separate and concurring State Supreme Courts. The foot-note numbers after the citation quoted reference the particular cases from which the citations were made.
These citations, along with the letter from Chief Justice Warren Burger clearly and concisely tell us that if a Constitutional Convention were to be opened, for whatever “alleged” purpose, there would be no controlling the outcome. State Legislators have been lulled into a false sense of safety by assurances that there is no danger in a Con-Con because, “of course, you would never ratify a bad amendment or a total rewrite of the Constitution”. What the State Legislators are NOT told – and probably 99% of them are unaware of the fact – is that there are two modes of ratifying an amendment, and the U.S. Congress decides which that would be. In other words, state’s legislatures can be bypassed in favor of ratifying conventions.
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From Corpus Jurus Secundum 16 C.J.S 9
The members of a Constitutional Convention are the direct representatives of the people (1)
and, as such, they may exercise all sovereign powers that are vested in the people of the state. (2)
They derive their powers, not from the legislature, but from the people: (3)
and, hence, their power may not in any respect be limited or restrained by the legislature. Under this view, it is a Legislative Body of the Highest Order (4)
and may not only frame, but may also enact and promulgate, Constitution. (5)
Citations:
(1) Mississippi (1892) Sproule v. Fredericks; 11 So. 472
(2) Iowa (1883) Koehler v. Hill; 14 N.W. 738
(3) West Virginia (1873) Loomis v. Jackson; 6 W. Va. 613
(4) Oklahoma (1907) Frantz v. Autry; 91 p. 193
(5) Texas (1912) Cox v. Robison; 150 S.W. 1149
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