Learn about the history and hazards calling for a Constitutional Convention

 Excerpts from :
The Epidemic of Calls for a Convention to Modify the United States Constitution
by Scott Bradley

The efforts to call a convention to modify the United States Constitution have reached epidemic proportions.  Numerous organizations have sprung up in favor of such an undertaking.  Virtually all are highly organized, powerfully promoted, and well funded.  They have succeeded in obtaining the endorsement of many in positions of prominence.  They promote a spectrum of approaches to bring about their intention to change the Constitution.  The Declaration of Independence recognizes the right of the people to alter or abolish their government and institute new government when their government does not secure the God-given rights they were instituted to preserve.

The United States Constitution incorporated in Article V of the Constitution a peaceful means by which that self-evident truth may be carried out:...
   
Notwithstanding the numerous other methods and nuances promoted by the various proponents fostering their "flavor" of "convention," Article V of the United States Constitution defines the ONLY constitutional method.  There is no other way to bring a convention about under the Constitution.  There are innumerable other possible ways to alter or abolish the government, but none of them are found under the terms defined within the Constitution.  And Article V of the Constitution is the sum and substance of the matter to date.  Numerous procedures to define the convention process have been proposed over the years, and many are promoted today, but NONE have been codified.  And efforts to create a "bullet-proof" codification of binding rules under which a convention (under any name by which it may be denominated) must be viewed with skepticism.

The truth of the matter is that a convention undertaken to modify the United States Constitution would be an autonomous deliberative body which may (or may not) undertake its proceedings within limited bounds based upon initial instructions it receives upon its calling.  The 1787 Convention was constituted "for the sole and express purpose of revising the Articles of Confederation . . ."  (but) The 1787 Convention clearly understood and recognized their autonomous independence, and. . . the men of the 1787 Convention included in the new constitution a lower standard for ratification.  When that lower standard of nine States, rather than the thirteen States required under the then-existing constitution was reached, the new constitution was considered fully approved and ratified. 

Fortunately, the men of the 1787 Convention were good and noble men, well seasoned in the principles of liberty and properly limited government, so the outcome of the convention and ratification led to the United States becoming the greatest, freest, most prosperous, most respected, and most happy nation on earth for many generations.

Even in his day, soon after the Constitution was ratified, James Madison received a suggestion that the nation undertake another convention.  The United States Constitution was ratified during the Summer of 1788, so after that point a convention as defined under Article V (as suggested by some today) would have been the necessary process.  In November of 1788 James Madison responded to the suggestion of another convention as follows:

"If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it  . . . would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric.. . .  Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned."  

Elsewhere I have written:

"Some will argue that Madison's term "General Convention" means something different than the type of convention which could be called under Article V of the Constitution, that it means a convention called for the specific purpose of creating a new constitution.  However, "general" was often used during the founding era as pertaining to the national government as the general government. If used in that way, the term applies to any national convention to deal with the national constitution.  To examine how the Founding Fathers used the term, we may examine how Founding Father Noah Webster defined the term in his1828 American Dictionary, which defines "general" thus:

         "1. Properly, relating to a whole genus or kind; and hence, relating to a whole class or order.  4. Public; common; relating to or comprehending the whole community; as the general interest or safety of a nation."

    "Regardless of the exact way he used the term, Madison expresses his concern about how another convention will overstep its charter, become extremely politicized, and become dangerous to the nation.  If Madison was concerned about the risks in his day, who would be so foolish to suggest that today we are in a political environment that is better suited to bring forth more sound doctrines of liberty and proper government?

    ". . . . Where in all the world today may we find even one or two statesmen of the character and understanding exhibited by George Washington, Benjamin Franklin, George Mason, James Wilson, James Madison, and the others who, under the inspiration of God, framed our marvelous Charter of Liberty: The United States Constitution?  We will search the world in vain for such individuals.  Who, today, will sit in the seats occupied by those who brought forth the Constitution of 1787?  NONE I would trust!"

. . . think of the skullduggery carried out in the convention environments in which Marx and Engels were selected to compile the Communist Manifesto in 1847, or the 1903 power struggle in the Second Party Congress between theBolschevik and Menshevik factions, or the Beer Hall Putschs of the National Socialists during the 1920's, or the 1952 railroad job done on the Republicans by the Eisenhower machine when Taft was ousted.

Yes, the various proposals for conventions to modify the United States Constitution are well-polished marketing pieces designed to deflect and deny any suggestions of risk, but they are no guarantee of everybody playing nice and above board. The proposals are generally written in a benign style of academic earnest hopefulness, promoting a belief in the hope that the proposed undertaking could possibly take the desired trajectory and have the desired outcome.  They are filled with hopeful terms like "should," "could," "might," "possibly," "ought," "probably," "depending," "likely," "reasonable," "promise," "nearly," etc.  These are terms that leave "wiggle room" in the outcome.  All of the supposition and wishful projections are not sufficient justification for the immeasurable risks potentially associated with losing the document that has been the Charter of the Nation and vouchsafed our liberties for 225 years.

All the wishful meandering and pontificating by those promoting a convention will not and cannot be guaranteed. Regardless of the term by which the constitutional convention undertaking is obfuscated, be it a Constitution Convention, an Article V Convention, an Amendments Convention, a Conference of the States, or whatever, Article V of the United States Constitution says what it says (read it carefully):

". . . on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments . . ."

When 2/3's of the States apply, Congress SHALL call a convention.  And remember when the 1787 Convention was chartered it was for the purpose of amending the then-existing constitution.

Any variation on what the United States Constitution says in Article V about calling a convention is not constitutional, but may be another way to abolish the government.  Some of the current convention proposals suggest another approach, such as the thought that the States might band together in some kind of prearranged alliance that is intended to bring about changes.  This approach would arguably violate the Article I, Section 10 prohibition of States to enter into treaties, alliances, and confederations.

The bottom line is:  There is nothing wrong with the United States Constitution!  The problem is that the nation has stopped faithfully applying it.  Those who claim to love the Constitution and promote changing it are inconsistent.  If they love it they MUST abide by it.  ALL who hold office take an oath to the United States Constitution.  Those who hold office (and will likely sit in the seats of any convention which might be called) are oath-bound to uphold the Constitution.  Their actions in violation of the Constitution have led to the difficulties under which the nation currently suffers.  All of the challenges currently facing the nation are attributable to violations of the plain English words of the Constitution, and their original application.  Those who hold office ignore their oath, violate the Constitution at will, and are to be trusted to correct the resulting problems in a convention that could possibly eviscerate the Constitution of the limits and bounds which are already inherent in the document???!!!  One might reasonably ask: "Do we need an amendment that says 'we really mean it this time?'" OF COURSE NOT!  The officers who violate the Charter of the Nation now will continue to violate it, even if modified.

And suppose for a moment a convention is called and it limits its actions to a single issue as some propose, and the issue successfully goes through the ratification process by 3/4's of the States.  What does that encourage?  ANOTHER CONVENTION, AND ANOTHER, AND ANOTHER until the United States Constitution is a tattered rag that bears small resemblance to the original noble document, or it is ultimately scrapped altogether.  Either way, We the People lose.  And so do our posterity.

The corrective course is for We the People to become a virtuous people, well-schooled in the limits and bounds of the government bequeathed to us at such great cost in the body of the United States Constitution and the Bill of Rights, to educate our fellow-Americans in these principles, to promote them in word and deed, to elect soundly-founded representatives who will abide in their oath of office, and a willingness to correct any variance from the standard by those elected officials (or bureaucrats tasked with the responsibility to faithfully fulfill constitutional laws).

We do not need to "correct" the Constitution.  We and our officials must abide by it.  By so doing we will again become the greatest, freest, most prosperous, most respected, and most happy nation on earth.

—Scott N. Bradley

In 2014 HJR8 was defeated in the  Utah State House.  Here are some of the details: Constitution-Convention Threat Originating in Utah
 A Message From Constitutional Expert and Author Scott Bradley

Tragically, Utah's Legislature is in the forefront of the effort to call a constitution convention.  Advocates of this effort call it by many names to obfuscate the risk, but a rose by any other name is still a rose.

House Joint Resolution (HJR) 8, sponsored by Republican representative Kraig Powell, is moving through the legislative process and has been moved out of the House Government Operations Committee and onto the House calendar.  HJR 8 is a resolution which, if passed through the Utah Legislature, will result in Utah being added to a growing number of States which have applied to the United States Congress for the call of a convention.

The process by which the United States Constitution may be modified is defined in Article V of the United States Constitution.  To date, all 27 of the amendments to the Constitution have passed through both the U.S. House and Senate using the first and safest method, with 2/3's margins in both houses, and being ratified by 3/4's of the States.  The other option of a convention has never been applied since the ratification of the work of the 1787 Constitution Convention.  Certainly, other conventions have been held for many other purposes, but NONE of them have ever claimed the power to originate an amendment to the Constitution.

The untried and unproven second method of modifying the Constitution requires 2/3's of the States (34 States) to apply to congress for a convention, and then congress is required to call a convention.

Because of the unmeasured risks associated with a convention such as is being sought by HJR 8 and dozens of other similar resolutions currently under consideration throughout the United States, in 2001 the Utah legislature rescinded its previous calls for a convention in a near unanimous vote.

This year the movement to call such a convention has exploded upon the nation as a highly organized, cleverly disguised, powerfully promoted, and extremely well funded movement.  Advocates that have sought for many years to modify the document which has vouchsafed the blessings of liberty for ourselves and our posterity for over 200 hundred years are co-opting good and caring Americans into support of this effort through fear.  Our magnificent Constitution is under assault as never before in our history.

The amendment movement is co-opting "conservative" issues that have developed (such as HUGE budget deficits) because those who hold the reigns of government have abandoned the limits and bounds defined within the plain English words of the United States Constitution.  To be blunt: They are violating the Constitution and have cast off their oath to uphold the Constitution.  The general population of the nation is guilty of continually returning these sycophants to office and are therefore party to these violations of the Constitution and the resulting problems.

In addition, there is a massive "left wing" "Move to Amend" movement which wants to see a convention called so they can manipulate the convention to their desired ends.  (See www.movetoamend.org.)

THE TRUTH OF THE MATTER IS THAT THERE IS NOTHING WRONG WITH THE CONSTITUTION!  WE HAVE SIMPLY STOPPED APPLYING IT.  ALL OF THE CHALLENGES THE NATION FACES WOULD BE RESOLVED IN VERY SHORT ORDER IF THE NATION AND OUR LEADERSHIP WOULD RETURN TO THE ORIGINAL INTENT OF THE CONSTITUTION AS BROUGHT FORTH IN THE BEGINNING.

An amendment, or a series of amendments, are not necessary and will not solve the nation's challenges.  Those who hold office do not currently follow the Constitution.  We delude ourselves in thinking they will honor a new amendment.  We also delude ourselves in the hope that the delegates who attend the proposed convention if it is called will be made up of any other than the current crop of "leaders" who have crafted the disaster which currently faces the nation, whether they are selected from those who currently hold national office, or those who currently sit in the States and sop up the tasty unconstitutional pork proffered to the States by the national government.

While the advocates of the convention process promote the idea with great and naive hope as to its result, NO ONE can predict and really knows the outcome of a convention (or two, or three or more conventions which will likely follow-on).  Despite flowery and eloquent promotion, it is ALL based upon supposition.  I am not willing to risk the United States Constitution on someone's hopeful opinion.

We MUST stop the effort to call a convention.  Utah must take the lead in the effort to keep the Constitution from hanging in the balance—by a thread, if you will.

Photographs of Zions, Bryce Canyon and Arches by Paul Francis
http://www.vibrant-light-photography.com

News Updates and Links to Articles and Websites

Article V Convention
in the 2017 Session

HJR 7 by Merrill F Nelson is already in the works.  It is being studied for its fiscal input. This Resolution is particularly dangerous because it call for a convention to discuss amendments and the language is vague and open-ended. It is identical to Ivory's HJR 8 (2016) and HJR 14 (2015) which were both defeated. 


Article V Convention
in the 2016 Session   

 DEFEATED  identical to HJR 14 that he sponsored in 2015

A Con Con in the 2015 Session

HJR003  DEFEATED Joint Resolution Calling for a Convention of the States for the  Sole Purpose of Proposing A Countermand Amendment to the United State Constitution
Sponsor:  Merrill F. Nelson 


HJR007   CURRENTLY IN FORCE Joint Resolution Calling for a Balanced Budget Amendment to the U.S. Constitution.
Chief Sponsor: Kraig Powell.  

HJR014 by Ken Ivory DEFEATED 
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Socialists and Soros Fight for Article V Convention  HERE
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Some alternative constitutions have already been written:

There are organizations that have prepared new constitutions and have them ready and waiting to replace out current Constitution.  One such document is called  the Constitution for the Newstates of America.  Read it HERE and then ask yourself what it would be like to live under this kind of government?

And some comments about this proposed constitution HERE               ..................................................

Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned. (James Madison, Nov. 1788)


How individuals of insidious views are stealing our Constitution:
http://www.americanclarion.com/article-v-convention-individuals-insidious-views-stealing-constitution-28625