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Article V - The Con of a Constitutional Convention

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Have you heard about convening a new Constitutional Convention? It pops up every now and again. It had a serious go in the 1980s (short 2 states) and it's been bouncing around into the news now and then. It usually gets batted back down for various reasons. It's current label is the Con-Con short for Constitutional Convention, not Constitutional Come On which would be a Con-Con-Con (Constitutional Convention Come On). A Constitutional Convention is a bad idea for multiple reasons which I'll go into later.

There is an exploratory/education committee of sorts who have met at Mount Vernon (George Washington's House) last December and again last week in Indiana to discuss a con-con and to teach law makers how a Con-Con would could work. This group is comprised of 100 legislators and they are predominantly Republican and it's backed by ALEC (pdf). They plan to meet again this December to educate invited guests on utilizing the Con-Con option. ALEC really wants a Constitutional convention and thinks it can stack the delegates to get what it wants and there's a dkos diary about this that explains why this would be advantageous for corporate interests and a lousy idea for anyone who likes living here. There are reasons a Constitutional Convention hasn't been convened in 227 years (more on that later).

The U.S. Constitution can be amended through proposals through Congress or a Constitutional Convention. Either way, the proposals must be ratified by 3/4s of the states (38) for an amendment to pass - at least that's the way it is in our current Constitution.

Here's the basis for the Con-Con:

The Constitution of the United States

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Article V

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.


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