Convention of States (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 28, 2024, 08:58:17 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Convention of States (search mode)
Pages: [1]
Author Topic: Convention of States  (Read 9410 times)
Skill and Chance
Atlas Icon
*****
Posts: 12,650
« on: March 12, 2018, 08:46:33 PM »

If the delegates are elected to this on a platform of not having to wait twenty years for the changes to pass 38 state legislatures, could they constitutionally waive that necessity?

Nobody knows. The last convention ignored the ratification requirements of its governing document, this one might too. The Court probably wouldn't touch anything about it as it'd be political matters and the Constitution doesn't set limits on the convention's authority. It'd be a giant constitutional crisis because once a convention is called it'd have as much political legitimacy (or more) as Congress or the state legislatures would.

Either way, I'd remind you that another option exists in the Constitution besides getting 38 legislatures to agree once the amendments are written out: Congress could elect to call state conventions to ratify or reject the amendments instead of going to the legislatures. That'd almost certainly be a faster process.

Sure, but the Convention's mandate would already be quite large. I can't imagine the military overriding the Convention. Furthermore, can Congress really claim authority over the Convention, or would we see the two engage in a proxy legal war?

This is the fundamental problem.  It is highly likely that once a Convention is in session, they are effectively re-founding the country and no legal precedents that predate the Convention apply. 
Logged
Skill and Chance
Atlas Icon
*****
Posts: 12,650
« Reply #1 on: December 19, 2022, 12:43:55 PM »
« Edited: December 19, 2022, 04:46:26 PM by Skill and Chance »

This is kind of old news now.  Republicans had their best chance in a century to do this unilaterally during 2010-18, but they couldn't quite pull it off.

Dems are miles away from it even in a great year due to concentration in big states.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.02 seconds with 13 queries.