Renewed Push for a Con-Con
There is an alarming increase in the number and volume of otherwise credible conservative voices clamoring for the state governments to call a constitutional convention per the provisions set forth in Article V of the U.S. Constitution.
We begin this examination of the dangers posed by such a convention by laying out the constitutional authority relied upon by its advocates. Article V in relevant part:
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.
The Goldwater Institute recently published a three-part paper entitled “Amending the Constitution by Convention: A Complete View of the Founders’ Plan” by Robert G. Natelson. The paper is seemingly intended to function as a tract for use to convert other conservatives to the cause of the constitutional convention as a remedy to runaway big government. The Executive Summary of Part 1 by Nick Dranias asserts that under Article V, the states have “the power to apply to Congress to hold a convention for the purpose of proposing constitutional amendments. This power was meant to provide a fail-safe mechanism to control the federal government.”
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