By Publius Huldah
Convention supporters assure us that the States will have control over Delegates to an Article V convention.
That is not true.
The Truth is States have no power over the convention at Art. V. All they can do is “apply” to Congress for Congress to “call” a convention. THIS CHART by Judi Caler shows who has the power to do what respecting an Article V convention.
Delegates to an Article V convention are performing a federal function – they are not under the authority of the States.
Furthermore, Delegates are the sovereign representatives of The People and thus are vested with plenipotentiary powers to alter or abolish our form of government – our Constitution (Declaration of Independence, 2nd para).
This has already happened once in our history:
At the Federal Convention of 1787, this plenipotentiary power was exercised to replace our first Constitution, the Articles of Confederation, with the Constitution we now have. On February 21, 1787, the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. But instead of proposing amendments to our first Constitution, the Delegates wrote a new Constitution – the one we now have.
Let us remember the Constitution presented in 1787 was not approved by the states until 1789, having been amended numerous times.
No. This not correct, no matter how many times you say it. Article V was written, and supported unanimously by our Founding Fathers, to provide a route by which the several states could push back against a tyrannical congress (which we have now).
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”
There is nothing in the above language that even remotely suggests that the states shall APPLY TO CONGRESS FOR CONGRESS to call a convention.
It is time to put this erroneous information to rest. Our Founding Fathers DID NOT TRUST CONGRESS, therefore they provided a second, and equally legitimate process by which the States could exert their rights and sovereignty. Thank God they did this.