Comment: This argument is specious but irrational.

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coffee_sponge's picture

This argument is specious but irrational.

If people in power deliberately ignore the Constitution now, why will they suddenly be impelled to obey it if it is revised? Of coarse, if revisions are implemented that augment their power, the rest of us will be expected to obey under threat of force.

Constitutional scholars across the political spectrum have warned that calling a new Con-Con is a crap shoot. Article V does not specify who shall serve as delegates nor how delegates will be selected. It simply says Congress shall call the convention. That means Congress shall determine the ground rules, including when and where a new Con-Con will be held, and who will run it. Delegates may not even be representatives of the states, and state legislatures may have no say.

Do we really want to entrust this kind of power with people like Harry Reid and John Boner?

The Constitution originally was adopted by state conventions, not by the state legislatures. The 21st Amendment to repeal the 18th Amendment was adopted through conventions, not the legislatures. A new Con-Con has the authority to establish the criteria for adoption.

Many legal scholars have commented on the plenary powers of a Con-Con. Mark Levin can argue to the contrary, but the general perception of what is correct will determine the outcome, Levin's shrill protestations notwithstanding.

Here's what former Chief Justice Warren Burger had to say:

"… there is no effective way to 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 to 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. The meeting in 1787 ignored the limit placed by the confederated Congress…"

Wishful thinking won't change the reality. With the jerks who currently run Congress, calling a new Con-Con is betting your liberty against lottery ticket odds.

Just say NO to a new Constitutional Convention.