Correcting False Claims

Attachment: 918/Truth_vs_Fiction_Correcting_False_Claims.pdf

Truth vs. Fiction:

Correcting False COS Claims

False Claim:

An Article V convention is a ‘Constitutional Convention;’ in other words a ‘Con-Con.’

Truth: This is No Con. It’s an ‘amendments convention.’

It is wrong to imply an Article V convention

held today would mirror the 1787 Philadelphia convention that produced the U.S. Constitution. The

states that gathered then had individual supreme political powers. They were not bound to any Articles

of Confederation procedures or guidelines for proposing amendments. Today, an Article V convention

has limits, which are rooted in Article V of the U.S. Constitution. An Article V convention is limited

to

only proposing amendments

to the existing Constitution.

(For further information, a

comprehensive article

by

Michael Farris was published in the Harvard Journal of Law and Public Policy and refutes the idea that the 1787 Constitutional

Convention was a “runaway” convention.)

False Claim:  Convention commissioners could rewrite the entire Constitution.

Truth: No rewrite; only proposed amendments.

The goal of the Convention of States Project is firm,

holding an Article V convention to propose amendments to the U.S. Constitution – amendments that

address three pressing concerns – curbing the federal debt, limiting federal government power and

jurisdiction, and imposing term limits on the judiciary, federal bureaucrats and elected officials. The

convention is limited to this purpose and state legislatures provide specific instructions to their

commissioners to adhere to this restriction. Appropriate amendments could include a balanced budget

amendment and term limits on Congress and federal judges.

(See the Missouri Article V Resolution (

SCR4

).

False Claim: Holding an Article V convention is unprecedented.

Truth: Clear precedent has been established.

Since 1787, 33 interstate conventions have been held in

the United States – each with a specified topic or meeting agenda. Thus, there’s a clear standard for

how these meetings work. At interstate conventions, voting always is done as individual states – each

has one vote, regardless of population or number of delegates in attendance. That’s why it’s a

convention of states – not a convention of delegates.

False Claim:  Only Congress has the authority to amend the Constitution.

Truth: Article V of the U.S Constitution states:

“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. . .”

False Claim: The Article V convention process has no safeguards.  It won’t protect our Constitution

                    from rogue delegates or special interest groups.

Truth: Significant process safeguards exist to prevent corruption.

They include:

1)  The

Limited Scope of an Amendments Convention

The scope of authority for the convention is defined by the topic specified in the 34 applications that

trigger the convention. Any proposals beyond that scope would be out of order.

2)  Restrictions

on Commissioner Authority

Convention commissioners are the agents of their state legislature and are subject to the instructions

given by their state legislature. The state legislature can recall commissioners who attempt to exceed

their authority, and actions taken outside the scope of a commissioner's authority would be void.

If state legislatures failed to stop commissioners from acting beyond their powers AND if a majority

of the state delegations voted to propose an ultra vires amendment, AND if Congress nevertheless

sent that amendment to the states for ratification, the courts could declare the action void.

3)  State

Voting Requirements

–

It is a requirement that 38 states ratify

any

amendment proposed by the convention while only 13

states are needed to block any ill-conceived or illegitimately advocated proposal. The convention

cannot change the method of ratification. Additionally, the U.S. Supreme Court has stated that an

Article V amendments convention is empowered by the U.S. Constitution and subject to its rules.

(See

The Process of an Article V Convention

.)

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Created:	2019-03-13 18:17 GMT
Updated:	2020-03-14 03:00 GMT
Published:	2019-03-13 18:17 GMT
Converted:	2025-11-11 12:12 GMT
Change Author:	Gwendolyn Lanzer
Credit Author: