34 States Could Force Congress to Call a Constitutional Convention – We Need to Limit the Commerce Clause

One of the biggest threats to our Republic is the continued assault on our freedoms by progressives/liberals who, by expanding the Commerce Clause of the Constitution, have made the entirety of our existence subject to the whims of the Washington elite.

Our Constitutional system of checks and balances has disintegrated as the Supreme Court leans more and more to the left with each vacancy that is filled. If, God forbid, one of the more Conservative judges departs during Obama’s term, the tenuous balance of the Court will shift to the progressives/liberals and our beloved Republic will soon become the Socialist Republic of the United States of America.

The only recourse we will have then is the Article V Constitutional Convention.

Article. V.

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, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

In the interests of our freedom and our way of life, I propose that we, as citizens of the United States of America start the lengthy process of restoring our Constitution, by petitioning each of our states’ legislatures to make applications to Congress for a Constitutional Convention for the purpose of returning the meaning of the Commerce Clause to that which was intended by our founding fathers.

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8 thoughts on “34 States Could Force Congress to Call a Constitutional Convention – We Need to Limit the Commerce Clause

  1. MainStreet –

    Two of the previous responders are none other than Bill Walker, who sued Congress as a group, then individually regarding the calling of an Article V Convention. He is an expert on Article V and the Constitution. The other responder is retired Michigan Chief Justice Thomas E. Brennan. He began the Cooley Law School, the largest law school in the nation. The law school will host a symposium this month where Constitutional scholars will discuss any and all aspects of an Article V Convention. Perhaps you can attend.

    There is no LEGAL status for ConventionUSA.org/; however, it is a transparent virtual process involving all 50 States to demonstrate that a convention can be successful by virtue of involving “We The People…” in a very direct way. What could be better than doing by example – very similar to how an actual Article V Convention would be if we can reach a tipping point to force Congress to call a convention as mandated by the Constitution.

    In early 2011 a Mock Article V Convention will be held over the weekend at the University of California, Santa Barbara. Learned students will participate in this convention under parliamentary procedures to demonstrate that it will not be a run-away convention. It will be a deliberative assembly of fellow American trying very hard to resolve many of the issues confronting our Republic. It will be filmed and the video will be distributed widely, as well as being posted online.

    Bill Walker is absolutely correct in not giving Congress an inch by caving in to eliminating the previous 750 proposed amendments; at least 34 proposed amendments are on a single subject anyway, regardless of aging. Congress is already in violation of their oath of office by not calling a convention. Article V makes calling a convention peremptory, that is: “Law not open to appeal or challenge; final.”

    Beliefs and opinions are rhetorical in nature – better to base them on facts you can cite from published, authoritative sources.

    • Went to [http://www.article5.org/] and read about the Walker suits. Not being a lawyer, let alone a Constitutional lawyer, I cannot understand how the courts can set aside the Constitution so easily.

      How do we put the “fear of the populace” into our representatives in Congress to get them to recognize their obligation under Article V?

  2. Your organization has great merit, but I am wondering what legal status this random delegate convention will have. Without the normal State petition process and Congress recognition of a Constitution Convention based on the petitions, I don’t see that the end game we are looking for will be met.

    Also, in my opinion, if a narrow purpose is not defined, the convention will be chaos.

  3. First of all thank you for posting a link to our site about an Article V Convention. One correction however.
    The author calls for a new set of applications by the states to force a convention call by Congress.

    As our site shows, the states have already applied in sufficient number to cause a convention call. Therefore given this circumstance for the states to submit a new round of applications means that they have conceded by their action of new applications that they believe the already submitted applications are, in some fashion, invalid. Thus, they accept Congress can ignore them. The obvious conclusion then follows. If Congress can ignore or veto that which the states have already submitted, it follows Congress could just as easily veto a new set of application under the same bogus authority the Congress uses to veto that which is already submitted.

    It is therefore vital pressure be brought on Congress to force a convention call based on already submitted applications.

    • It is my belief that Congress is ignoring the previous petitions since the proposed amendments are scattered as to purpose and time. If enough States petition for a single cause, it will be almost impossible for Congress to ignore Article V.

      I picked the Commerce Clause because most conservatives and even a majority of moderates believe it is an ever increasing threat to our freedom and is not as polarizing as the “right to life” petitions.

  4. NOT FOR CONSERVATIVES’ REPRISAL

    If you read/study Article V carefully you’ll conclude its not meant to ‘get even’ with progressives or liberals. The Framer’s of the Constitution and Bill of Rights were much better men than to build an I GOTCHA mechanism into this masterwork.

    It’s true that Congress “…shall call a convention..” when 2/3 or 34 States propose amendments; however, one must ask why Congress refuses to call a convention when over 700 amendments have been proposed by all 50 States. Photographic reproductions of all 700 to 750 are able to be viewed at http://www.foavc.org/.

    I agree that the Commerce Clause has been abused and misused; a complete review of all law must be undertaken to identify and modify/remove its misuse wherever it appears.

    Initially an Article V Convention is better suited to drafting, rewriting and polishing amendments which can survive the ratification process after being submitted to all 50 States because it requires that 38 States must ratify for an amendment to become law. Amendments covering such topics as Term Limits, Standard U.S. Voting Unit, Fair Taxation, Gerrymandering, Government Transparency, White Collar Crimes, and many, many more.

    • My belief is that Article V was meant as a safeguard to our freedoms when all efforts to protect our rights guaranteed by the Constitution have failed.

      You are right that there are many topics that can be considered, but I believe that many of those can be cured by your votes and are more properly handled by legislation.

      What I am proposing is a clarification of the Commerce Clause that would bring us closer to what our Founding Fathers intended and stop the Federal Government takeover of every aspect of our society.

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