Never mind just California; our best hope for taking back our country might be:
“Article V does potentially provide a way for the states to bypass Congress, although it has never been used. Article V says that “on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification. As with an amendment proposed by Congress, three-quarters of the states would have to ratify the amendment for it to become part of the Constitution.”
If this is correct it means that we can amend the Constitution without cooperation from Congress; don’t know if Republicans control anywhere near 3/4 of the State Legislatures. Maybe after ’22…
Do you believe a Democrat controlled Congress would call such a convention even if 3/4 of the legislatures demand one?
Hopefully the GOP will be in control soon, but they may not have the backbone to call a Convention.
The risk with an Article-V Constitutional Convention is that the results could be far, far worse – although the mix of state legislatures right now is about as favorable as we are likely to see.
Frankly, I am strongly concerned about a breakup of the union. I know that many of my neighbors simply want to be left largely alone by DC – and if that means a civil war, well….it’s closer than any time since April 1861
The risk is that we would end up declaring rivers have human rights and other such nonsense.
As reparation all white citizens shall constitute 3/5th of a person for the purpose of the census and in determination of Congressional districts.
Whenever I see someone calling for a new Constitutional Convention, I can’t help but wonder how it would be conducted in the era of the 24 hour news cycle. Also, who would we choose to send to the convention? I don’t know of any modern day Madisons or Washingtons. Who could we trust to not make things worse? Academics? Politicians? Lawyers? The room just got 20 degrees colder thinking about it.
“I don’t know of any modern day Madisons or Washingtons. ”
This ^^
Maybe Ted Cruz but…
Well let’s see since I started this…
2/3 of the state legislatures pass it and send it on to Congress. Congress doesn’t call for said convention (they likely would just ignore it). The state(s) file suit in court, SCOTUS rules in their favor, ordering Congress to call said convention. Congress drags its feet, never quite refusing just not doing much. After all there are many legitimate questions to be asked about how to actually do said convention. The states in frustration after years and multiple elections that still don’t get Congress to do anything decide to just get together and call their own convention. They draft their resolutions maybe get some ratified (the 3/4 required) then what happens? Congress would simply say that the convention organized by the states was “illegal”, therefore any amendments ratified by such were also illegal since Congress didn’t convene it so would end up in the courts again. Even if the courts ruled in favor of the states’, hard to say what Congress would ultimately do as far as compliance/implementation.
Under the 10th Amendment States are free to pass any laws they choose where they don’t conflict with existing Federal law. Congress could get tied up in knots trying to undo what the States do severally. Trying to undo State laws might keep Congress busy enough to pre-empt it from expansionism. Federalism in action.
“Under the 10th Amendment States are free to pass any laws they choose where they don’t conflict with existing Federal law.”
Well…going with your thought and combining it with the Constitutional Convention idea, the states could refuse to allow a member(s) of Congress in said State to appear on the State’s ballot come next election until Congress scheduled said Convention. Don’t know if that would work or not.
Well, not just California
https://onlygunsandmoney.com/2021/08/31/gov-jim-crow-cooper-vetoes-repeal-of-jim-crow-law.html
Never mind just California; our best hope for taking back our country might be:
“Article V does potentially provide a way for the states to bypass Congress, although it has never been used. Article V says that “on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification. As with an amendment proposed by Congress, three-quarters of the states would have to ratify the amendment for it to become part of the Constitution.”
https://constitutioncenter.org/interactive-constitution/interpretation/article-v/interps/277
If this is correct it means that we can amend the Constitution without cooperation from Congress; don’t know if Republicans control anywhere near 3/4 of the State Legislatures. Maybe after ’22…
Do you believe a Democrat controlled Congress would call such a convention even if 3/4 of the legislatures demand one?
Hopefully the GOP will be in control soon, but they may not have the backbone to call a Convention.
The risk with an Article-V Constitutional Convention is that the results could be far, far worse – although the mix of state legislatures right now is about as favorable as we are likely to see.
Frankly, I am strongly concerned about a breakup of the union. I know that many of my neighbors simply want to be left largely alone by DC – and if that means a civil war, well….it’s closer than any time since April 1861
The risk is that we would end up declaring rivers have human rights and other such nonsense.
As reparation all white citizens shall constitute 3/5th of a person for the purpose of the census and in determination of Congressional districts.
Whenever I see someone calling for a new Constitutional Convention, I can’t help but wonder how it would be conducted in the era of the 24 hour news cycle. Also, who would we choose to send to the convention? I don’t know of any modern day Madisons or Washingtons. Who could we trust to not make things worse? Academics? Politicians? Lawyers? The room just got 20 degrees colder thinking about it.
“I don’t know of any modern day Madisons or Washingtons. ”
This ^^
Maybe Ted Cruz but…
Well let’s see since I started this…
2/3 of the state legislatures pass it and send it on to Congress. Congress doesn’t call for said convention (they likely would just ignore it). The state(s) file suit in court, SCOTUS rules in their favor, ordering Congress to call said convention. Congress drags its feet, never quite refusing just not doing much. After all there are many legitimate questions to be asked about how to actually do said convention. The states in frustration after years and multiple elections that still don’t get Congress to do anything decide to just get together and call their own convention. They draft their resolutions maybe get some ratified (the 3/4 required) then what happens? Congress would simply say that the convention organized by the states was “illegal”, therefore any amendments ratified by such were also illegal since Congress didn’t convene it so would end up in the courts again. Even if the courts ruled in favor of the states’, hard to say what Congress would ultimately do as far as compliance/implementation.
Under the 10th Amendment States are free to pass any laws they choose where they don’t conflict with existing Federal law. Congress could get tied up in knots trying to undo what the States do severally. Trying to undo State laws might keep Congress busy enough to pre-empt it from expansionism. Federalism in action.
“Under the 10th Amendment States are free to pass any laws they choose where they don’t conflict with existing Federal law.”
Well…going with your thought and combining it with the Constitutional Convention idea, the states could refuse to allow a member(s) of Congress in said State to appear on the State’s ballot come next election until Congress scheduled said Convention. Don’t know if that would work or not.