Our public access chanel's airing a local Republican conference on the proposed Convention of States

[mahina]

https://www.conventionofstates.com

They're saying with both houses of 3/5th of the states being Republican, they can call for a Convention of States and toss out any federal law or supreme court decisions they don't like.

Goodbye, legal access to abortion.

Goodbye, gun laws.

Goodbye, Social Security and Medicaid.

Hello, term limits.

Etc.

I read a few articles and double checked their numbers and son of a gun, they have the state legislatures to go forward.

How the hell do we get ready to fight this?

[Kablooie]

1. Wow. I'm beginning to feel that the America we know is gone with or wothout Trump.

[burrowowl]

2. Scary!!!!

Take to the streets?

[mahina]

3. We could use the process to call for universal single payer and universal income.

All the states have to bring the same issue for it to pass.

There is hope but we are way behind the bal on this one.

[Kentonio]

4. I think the last part of Article V is relevant here

[Disclaimer: IANAL, maybe be completely wrong]

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 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 thereof, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress....

So the way I'd read that, is that they might be able to call a convention but to actually pass anything they'd need a 3/4 vote, not a 2/3 vote, and they sure as hell don't have that.

[Achilleaze]

5. freaking russians are licking their chops as republicans meekly sell out America

[PdxSean]

6. Scary stuff. Even Scalia thought it a bad idea.

http://www.cbpp.org/research/states-likely-could-not-control-constitutional-convention-on-balanced-budget-amendment-or

A number of prominent jurists and legal scholars have warned that a constitutional convention could open up the Constitution to radical and harmful changes. For instance, the late Justice Antonin Scalia said in 2014, “I certainly would not want a constitutional convention. Whoa! Who knows what would come out of it?”[2] Similarly, former Chief Justice of the United States Warren Burger wrote in 1988:

There is no way to effectively limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or one issue, but there is no way to assure that the Convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda.

[onenote]

7. You're wrong, they don't have a sufficient number of legislatures to go forward

Article V of the Constitution allows for a convention of the states to be called to propose amendments upon the demand of 2/3 of the states. Two-thirds of fifty is 33.33. Repubs control 31 state houses. Plus, repubs control both houses and the governorship in 25 states, and where there is a Democratic governor, the repubs don't always have veto proof majorities.

Finally, any amendments proposed by a convention of the states still have to be ratified by 3/4 of the states.

I thought you said you checked the numbers....

[mahina]

8. Great. But I'm still very concerned, and don't think for a moment

That the right wing won't do everything in their power to take whatever they can.

I see 2/3rd, 3/4ths and 3/5ths depending on who knows what. The Republicans have taken control of state legislatures in blue states with some really nasty outcomes. Look at Wisconsin and Michigan for example.

The 2017 state legislative sessions began with six Democratic trifectas, 25 Republican trifectas, and 19 states under divided government.

Not a problem?