Saturday, July 20, 2013

The Need for a Constitutional Convention

U.S. Constitution - Article 5

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 a lot of opposition to the calling of a Constitutional Convention as people are afraid the Constitution will get thrown under the proverbial bus.  A scrutinized reading of Article 5 dismisses these outrageous claims.  The truth is a Constitutional Convention is "for proposing amendments". These amendments also must be ratified by three fourths of the state legislatures or by conventions of three fourths of the states.  The Constitutional Convention is not an automated destruction of the U.S. Constitution.

Several states over the years have already called for Constitutional Conventions.

Alaska Arizona Arkansas Delaware Colorado Georgia Idaho Indiana Iowa
Kansas Maryland  Mississippi Missouri Nebraska Nevada New Hampshire 
New Mexico North Carolina North Dakota Oklahoma Oregon  Pennsylvania 
South Carolina South Dakota  Tennessee Texas  Utah Virginia Wyoming

Doing the bath, these means a total of 34 states need to call for a Constitutional Convention. 29 states have already made the call for Convention.  While three states have formally rescinded their call for Convention, there is no support in the U.S. Constitution for rescinding the call. This leaves the need for only two more States to call for Convention. The case will end up before the Supreme Court of the United States of American which will then decide if rescinding was proper and acceptable. 

Organizing a PAC to push for Conventions in Florida, Hawaii, Michigan, Kentucky, Montana, Ohio, and Wisconsin all at the same time, if properly funded, just may be able to secure the two needed states.

 Proposed Amendments that would help push for Convention would possibly be: 

1.  Balanced Budget Amendment
2. Anti-Spying Amendment - Make if unlawful for government agencies to spy on citizens "in mass". Every request needs an individual search warrant by a district court.

3. Gun Rights Amendment - Any weapon which a normal infantry soldier or marine would have in "common use" the people shall also be allow to bear and carry.  No agency, federal, state, or local, shall require licensing to own or carry a firearm. No agency shall track ownership of firearms.

4. Fair Tax Amendment - The IRS is to have all powers of dealing with citizens removed. They shall be responsible for collecting taxes from businesses only.  Income tax is abolished. All goods sold, except for food, will have a 15% tax.  Any laws passed which would require and increase in taxes, shall also be placed on state ballots and pass 2/3 of the states.

5. Safe Voting Amendment - No person or groups of person shall picket, protest, or support any agenda or candidate within 1/2 mile of a polling location

6. Medicinal Use Amendment - Marijuana shall be legalized and have an additional "narcotics" tax of 10% which will go toward social programs such as food and housing.

7.  Citizens Power Amendment - Any law enforcement officers forcibly entering a building unlawfully without a search warrant, do so at their own peril.   No person shall be convict or assault or murder of a law enforcement officer in these circumstances.  Every person has the right to stand their ground in self-defense.  Every citizen has the right to record the audio and video of public servants performing their duties.

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