Comment: Constitutional convention v constitutional oversight commission

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Constitutional convention v constitutional oversight commission

Be very careful of what you wish for. Seating a convention opens the door to rewriting the entire Constitution from scratch. You should remember the original intent of the convention called in 1787 was to make improvements to the Articles of Confederation, not to rewrite them. If a constitutional convention is called the result could well be a rewriting.

Keep in mind Rahm Emanuel’s political dictum, “never let a crisis go to waste. The same could be said for not letting a good constitutional convention go to waste. The delegates to a constitutional conventional will be, guess who, Establishment hacks from both parties. It will end up being a sales job hyped by the Establishment media plugging the virtues of taking America back from those nasty old rich guys. A convention could likely replace the Republic with the Socialist Union of Amerikan States.

There is another solution to restoring states rights that isn't dangerous as a convention. That is a constitutional oversight commission amendment to the Constitution to give the states the power to nullify any action or measure of the federal government's legislative, executive or judicial branch; past, present, and future. The states were the signatories to the Constitution. It is their document, not the people’s. It is easier to keep fifty states in check than one super powerful federal government.

I found the amendment while reading William J. Watkins, Junior's: Reclaiming the American Revolution ; The Kentucky and Virginia Resolutions and Their Legacy Mr . Watkins is a Research Fellow at the Independence Institute

Constitutional Oversight Commission Amendment

Section 1. The Constitutional Commission shall settle questions presented by the several states concerning the constitutionality of measures or actions taken by the government of the United States.

Section 2. The Constitutional Commission shall be composed of one Commissioner from each state, elected every second year by the people thereof from two candidates chosen by the state legislature, and the electors chosen by the state legislature, and the electors in each state shall have the qualifications requisite for the electors of the most numerous branch of the state legislature; each Commissioner shall have one vote.

Section 3. No person except a natural born citizen shall be eligible for the office of Commissioner; nor shall any person be eligible for the office who shall not have attained the age of 35 years, and been 14 years a resident within the United States, and been nine years a resident of that state for which he shall be chosen. No person shall be elected to the office of Commissioner more than four times.

Section 4. When vacancies happen by resignation, or otherwise, during the recess in the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall choose two candidates to present to the people to fill the vacancy.

Section 5. The Constitutional Commission shall assemble it least once in every year, and such meeting shall begin at noon on the third day in January, unless it shall appoint a different day. The Constitutional Commission shall choose its Chairman and other officers. The Commission shall be the judge of the election returns and qualifications of its own members, and three-fourths of the Commissioners shall constitute a quorum to do business. The Commission may determine the rules of its proceedings. The commission shall keep a journal of the proceedings, and from time to time publish the same.

Section 6. No Commissioner shall receive compensation for his services out of the Treasury of the United States. No Commissioner shall, during his time for which he was elected, be appointed to any civil office under the authority of the United States.

Section 7. Whenever the Chairman of the Constitutional Commission shall receive petitions from one-fifth of the legislatures of the several states requesting a ruling on the constitutionality of a specific measure or action of the government of the United States, the Commission shall convene. The act or measure of the national government shall be void and no force if three-fourths of the Commissioners present vote against its constitutionality.

Section 8. The Constitutional Commission shall not sit as a Convention as prescribed in Article V of the Constitution of the United States.

Reprinted with permission of the author from:
Reclaiming the American Revolution:
The Kentucky and Virginia Resolutions and Their Legacy
William J. Watkins, Jr.

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