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Maybe, but probably not the Last Word on the Convention of States

Many comments have come to the blog on the Article V Convention of States.  I hope they are right – that we can take back our nation with a convention.

But I think a coalition of liberals and establishment Republicans will hijack the convention and might foist a new document on us with a new ratification requirement – could be ten states – could be twenty – and then what?  the country could be irrevocably split.

Let’s do a thought experiment:  The Convention of States would probably have 538 delegates – just like the presidential election.  The states would be something like this:

Nebraska has a unicameral non-partisan legislature so there is no telling how the five delegates for the state will be decided but let’s say 4 to 1 – conservatives win here.

The District of Columbia (which ought not be in a convention of STATES) would be three ultraliberal delegates.

We have 31 state legislatures with GOP control, only 12 with Democratic control and six are split according to Wikipedia.

The 12 with Dem control are California, Oregon, Nevada, New Mexico, Massachusetts, Connecticut, Rhode Island, Vermont, Illinois, Maryland, Delaware, New Jersey.  Now it is safe these states will pack their delegations with liberals.

The total delegates from those states total:  144

Now I think it is safe to say NY would have a mostly liberal delegation or liberal and RINO Repubican.  So would probably Washington State.  That’s 41 more.

The total at this point is one liberal from Nebraska and 198 more for a total of 199.

Now the 32 states with GOP legislatures ought to overwhelm the liberal states.  But I doubt conservatives would be at the table for the selection.  I suspect many would be veteran pols – most likely not movement/tea party conservatives.

Liberals generally don’t play fair.  But they’ll expect OUR SIDE to do so!

There would be an incessive drum beat from the media and their radical/Sorosian friends – Diversity!  All viewpoints ought to be heard!  Can’t pack the delegates with all conservatives!  Maybe some politics of personal destruction – so-and-so can’t be a delegate:  He’s anti-gay or voted against gay marriage or voted to make women take invasive ultrasounds or has 25 guns!  Can’t have that!

So the state delegations would be filled with establishment pols for the most part.  I think it would be easy for the libs/RINO contingent to go over 270.

I still think the result would be some sort of massaging of such items as the Second Amendment and more acceptance of globalism.  Maybe also prohibition of hate speech and similar items will be constitutionally allowed.  Compromises will be done and we’ll have useless amendments like the Balanced Budget Amendment which will have no teeth.

I sure hope I am wrong.  I would love to see a Convention of States be a spur to a restoration of a Constitutional Republic of limited federal powers.  But the political climate will not allow it.  Too much can be lost.

And the New Globalist Constitution will be presented as a package and many states will feel like they have to go along.

There.  No more on this.  But if I ever seek a House of Delegates or State Senate seat I will make it clear:  Never will I vote for a Con-Con.

About Elwood Sanders

Elwood “Sandy” Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia’s first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

6 Responses to “Maybe, but probably not the Last Word on the Convention of States”

  1. David Dietrich says:

    Mr Sanders,

    As previously, I will respond to your post within your post. And as previously, I will will refute your notions point for point.

    Many comments have come to the blog on the Article V Convention of States. I hope they are right – that we can take back our nation with a convention.

    DDIETRICH: I have no illusions that any one mode will provide us the means to “take back our nation.” However, I am equally certain that the most effective means is found within the Constitution itself – an Article V Convention for proposing Amendments.

    But I think a coalition of liberals and establishment Republicans will hijack the convention and might foist a new document on us with a new ratification requirement – could be ten states – could be twenty – and then what? the country could be irrevocably split.

    DDIETRICH: A “coalition of liberals and establishment Republicans” has already “hijacked” Congress. Where is the “foisted new document” over the last 230 years? Even so, the country is already “irrevocably split.”

    Let’s do a thought experiment: The Convention of States would probably have 538 delegates – just like the presidential election. The states would be something like this:

    Nebraska has a unicameral non-partisan legislature so there is no telling how the five delegates for the state will be decided but let’s say 4 to 1 – conservatives win here.

    The District of Columbia (which ought not be in a convention of STATES) would be three ultraliberal delegates.

    We have 31 state legislatures with GOP control, only 12 with Democratic control and six are split according to Wikipedia.

    The 12 with Dem control are California, Oregon, Nevada, New Mexico, Massachusetts, Connecticut, Rhode Island, Vermont, Illinois, Maryland, Delaware, New Jersey. Now it is safe these states will pack their delegations with liberals.

    The total delegates from those states total: 144

    Now I think it is safe to say NY would have a mostly liberal delegation or liberal and RINO Repubican. So would probably Washington State. That’s 41 more.

    The total at this point is one liberal from Nebraska and 198 more for a total of 199.

    DDIETRICH: This is already the case in Congress. Where’s the “foisted new document”?

    Now the 32 states with GOP legislatures ought to overwhelm the liberal states. But I doubt conservatives would be at the table for the selection. I suspect many would be veteran pols – most likely not movement/tea party conservatives.

    Liberals generally don’t play fair. But they’ll expect OUR SIDE to do so!

    There would be an incessive drum beat from the media and their radical/Sorosian friends – Diversity! All viewpoints ought to be heard! Can’t pack the delegates with all conservatives! Maybe some politics of personal destruction – so-and-so can’t be a delegate: He’s anti-gay or voted against gay marriage or voted to make women take invasive ultrasounds or has 25 guns! Can’t have that!

    So the state delegations would be filled with establishment pols for the most part. I think it would be easy for the libs/RINO contingent to go over 270.

    DDIETRICH: This already the case in Congress. Where’s the “foisted new document”?

    I still think the result would be some sort of massaging of such items as the Second Amendment and more acceptance of globalism. Maybe also prohibition of hate speech and similar items will be constitutionally allowed. Compromises will be done and we’ll have useless amendments like the Balanced Budget Amendment which will have no teeth.

    DDIETRICH: How much has Congress already “massaged” Amendment II? Any at all officially? Are any of them “constitutionally allowed”? Have we seen any “useless amendments” proposed by Congress or ratified by the states?

    I sure hope I am wrong. I would love to see a Convention of States be a spur to a restoration of a Constitutional Republic of limited federal powers. But the political climate will not allow it. Too much can be lost.

    DDIETRICH: You are wrong, because it has never happened through the power continually enjoyed by Congress. Why would the States suddenly assume more power than is found in Article V for the sole purpose of proposing Amendments? The answer is clear: they wouldn’t. The “political climate will not allow it.”

    And the New Globalist Constitution will be presented as a package and many states will feel like they have to go along.

    DDIETRICH: And the “New Globalist Constitution” has NOT been “presented as a package” by Congress, even with all their Article V authority. Why not, pray tell?

    There. No more on this. But if I ever seek a House of Delegates or State Senate seat I will make it clear: Never will I vote for a Con-Con.

    DDIETRICH: There. A lot more on this. And if I ever seek a House of Delegates or State Senate seat, I will make it clear: Never will I vote for a Con-Con. That’s something completely different. However, I will ensure that Virginia WILL apply for a Convention for proposing Amendments.

    Sincerely,

    David Dietrich

    • Sandy Sanders
      Twitter:
      says:

      What is the difference between a Con-Con and an Article V Convention? Love to see a cite in support of that.

      Sandy

      • David Dietrich says:

        Mr Sanders,

        as usual, you focus on the unimportant, insignificant, and inconsequential.

        The Founding Fathers held a Constitutional Convention. See Black’s Law Dictionary for a definition.

        A Convention for proposing Amendments is something completely different. It’s strictly limited to proposing Amendments (hence, the name). See Article V for a citation.

        Notice that the former has only happened once, while the latter has never convened.

        As I’ve asked on several occasions, with only an orchestra of crickets in response, why are you not so fearful of Congress “foisting a new document” on us?

        230 years of history shows us that a “Con-Con” is a mere chimera – scary, but still fantasy.

        Sincerely,

        David Dietrich

  2. Gene Lefty says:

    Let me get this straight? The same bunch of clowns who have run up a $20 TRILLION debt. The same bunch that are nothing but evil, incompetent, liars, hoodlums, crooks of all manner, cannot pass a budget, cannot fix healthcare, cannot manage our military, haven’t done anything but screw the whole planet up in the last 30 years. Somebody wants to give them a wack at the Constitution?

    This continues to be the absoulute stupidest idea i have ever heard off. And even more so after one of the biggest lies ever, that Republicans would repeal Obamacare. Nothing but the worst are in Washington. A righteous man would not want to go there, and if he did, “they” would run him off.

    • David Dietrich says:

      Mr Lefty,

      Let me get this straight. You don’t even know the authority given to Congress by Article V of the Constitution? Try reading it. It’s rather short. This is the same bunch of charlatans that keep getting elected by the People.

      You think our form of government is the “absolute stupidest idea” you “have ever heard of”? Well, there are a couple of options for you to consider then. One is found in the Declaration of Independence. The other is moving to Venezuela.

      Sincerely,

      David Dietrich

  3. Lois Alimonti says:

    It is NOT the same bunch of clowns getting a “crack at the Constitution”. Please read article V of the Constitution and refer to conventionofstates.com. The states would participate in a convention that PROPOSES amendments which must be limited to what is in the resolution. Even in the very unlikely event that something “crazy” were proposed it would still have to be passed by 3/4 of the states, just as any other amendment. It’s all about taking power away from the clowns and cronies.

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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