A Convention of States

The issue of a Convention of States is rooted in Article V of the Constitution. It states there are two methods of amending the Constitution: (1) Congress and (2) Convention of States. For over two hundred years the Congressional method has been used and we now have 27 amendments to the Constitution. The convention method has never been used and shouldn’t be because it would be a free for all, like open borders but with a flood of amendments.

The Constitution is silent on the mechanics of an Article V Convention such as who would determine the agenda, choose the delegates, and define the rules of the convention?

Chief Justice Warren Burger

In early April 2021, Mark Levin, a revered conservative, said on FOX News, a major media outlet, that the answer to all our problems is an Article V Convention of States. Phyllis Schlafly, another revered conservative, in the 1970’s argued against a Convention of States. At that time the issue was referred to as the Con Con now it is COS. In all those years, from the 70’s onward there never was a time when the convention of states was discussed in the media. However, at every meeting of Eagle Forum the issue of the Con Con was brought up. Its defeat was a top priority. In 1988 retired Chief Justice Warren Burger wrote “a Constitutional Convention today would be a free for all for special interest groups, television coverage, and press speculation.”

Justice Antonin Scalia

In 2015 Justice Antonin Scalia said, “A Constitutional Convention is a horrible idea.” To assume that a Convention of States would resolve our problems seems reckless.

The 2020 election gave us an example of the states’ reliability. The states had the constitutional authority to enforce election law. However, the states abdicated their responsibility as did the courts and the result has been a disaster. If there were a Constitutional Convention influential players would be big tech, big corporations and the cancel culture.

The Constitution is silent on the mechanics of an Article V Convention and what amendments might be considered?

One amendment might be the ERA. It reads: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” The STOP ERA movement led by Phyllis Schlafly prevented the ERA from becoming law by lobbying state legislators.

The ERA failed twice to meet the constitutional requirements to become law by the Congressional method. Seven years were allotted for its passage. The amendment was three states short of ratification. Congress granted an extension of three years It failed again. A Convention of States would offer a new opportunity for the ERA to become law. If this were to happen it would be a gift to the radicals.

The media always said the ERA is for the rights of women but the word women does not appear in the ERA. The operative word is sex. In 2017 the Equality Act was passed in the House of Representatives. In it the term sex now includes the meaning gender identity.

John Schlafly, an attorney at the Phyllis Schlafly Center has said, “with few exceptions, the Democratic Party is committed to redefining sex to include gender identity. That redefinition is part of the Equality Act which every House Democrat voted for. Democrat-appointed federal judges would interpret all laws that way, including the ERA if it became part of the Constitution. They constantly repeat the slogan that 'Trans women are women' even if they have male bodies. That would be the end of women’s sports and girls’ sports.”

In 2020 Florida passed a law protecting female athletes from biological males who claim to be female. Chelsea Mitchell, a female H.S. athlete from Connecticut interviewed in the media at the signing of the 2020 Florida law by Governor DeSantis said that for four years she competed in her home state against biological men who claimed to be female and lost every race and scholarships to colleges. The Equality Act punishes female athletes. A Constitutional ERA would nullify the Florida law protecting women athletes. The Florida Legislature should rescind their 2014 application for a Convention of States.

In conclusion, we must be wary of the efforts of Mark Levin and others to convene a constitutional convention. The wise expressions of Chief Justice Burger and Justice Scalia in opposition to COS are cautionary and should be given due diligence.

Phyllis Schlafly testifies before Oregon State Senate identifying risks of a Convention of States:

Phyllis Schlafly testimony

STOP COS DEBATE 12/6/21

The issue of a Constitutional Convention is rooted in Article V of the U.S. Constitution. It states there are two methods of amendment (1) Congress and (2) Convention of States. For over two hundred years the traditional Congressional method, that is, one amendment at a time, has been used and we now have 27 amendments to the Constitution. The Convention of States method which allows for amendments (plural) has never been used and shouldn’t be because it would be a free for all as Chief Justice Warren Burger has warned.

Article VI of the Constitution requires that Senators and Representatives shall be bound by Oath or Affirmation to support the Constitution. Article VI does not require delegates at an Article V Convention to do the same, that is, to take an oath to support the Constitution. Members of Congress are accountable to the electorate. Delegates to an Article V Convention are not accountable to anyone.

In 2014, the Florida Legislature passed an application for an Article V Convention. One of the amendments they proposed was a balanced budget amendment. Most folks would be for a balanced budget. Why not a convention for that reason? But a convention of delegates not required to support the Constitution leaves the delegates free to consider changes to the Constitution itself or to create a new form of government all together. That is the risk. In 1787, the Founders met to amend the Articles of Confederation. Instead, they formed a new government. An Article V Convention could do the same.

Congress is bicameral. It has a Senate and a House of Representatives. Two thirds of both houses shall propose amendments to the Constitution. An Article V Convention is not bicameral. There is no House. There is no Senate. There is no two thirds requirement. There is nothing and until Congress calls the Convention no one knows what there will be. Each state has two Senators and one Representative per Congressional district. This allows for both the big states and the little states to be represented fairly.

Whatever passes in an Article V Convention must be ratified by 3/4 of the States. The Founders changed the ratification requirement from 100% to 75%. The Convention delegates could do something similar and change the requirement again.

In 1988, retired Chief Justice Warren Burger wrote “a Constitutional Convention today would be a free for all for special interest groups, television coverage, and press speculation.” Phyllis Schlafly, a revered conservative, argued against the Convention of States. In 1989, she said, “If it ain’t broke, don’t fix it.” Her testimony to the Oregon Senate is highly instructive and is on a YouTube video. Justice Antonin Scalia said of this free for all, kitchen sink approach, “A Constitutional Convention is a horrible idea."

Currently there are 15 states that support an Article V Convention. In 2020, the South Dakota State House rejected the Convention of States. Also, in 2020, an Article V Convention resolution was defeated in the Big Bayou, Louisiana.

The 2020 election gave us an example of the states’ reliability. The states had the constitutional authority to enforce election law. Some states abdicated their responsibility, as did the courts, and the result has been a disaster. It was the States that bought the machines which were then connected to the Internet. They broke the chain of custody of votes and destroyed a presidency and put a cadaver in the White House. It wasn't the Constitution that did that. It was Republican State Legislatures and others that did it.

If there were a constitutional convention influential players would be big media, big tech, big corporations and the cancel culture.

The Founders gave us a form of government that has lasted for more than two hundred years. It has given us stability and flexibility with the traditional amendment process, that is, one amendment at a time. We should maintain this form of government and not risk losing it.

We the People v We the States

Excerpts from Rediscovering God in America by Newt and Callista Gingrich

Because of their belief that power had come from God to each individual the framers began the Constitution with the words "We the people." Note that the Founding Fathers did not write "we the states." Nor did they write "we the government." Nor did they write "we the lawyers and judges" or "we the media and academic classes."