{"id":93124,"date":"2024-02-29T16:40:52","date_gmt":"2024-02-29T22:40:52","guid":{"rendered":"https:\/\/jbs.org\/?post_type=alert&p=93124"},"modified":"2024-02-29T16:40:56","modified_gmt":"2024-02-29T22:40:56","slug":"oppose-missouri-federal-con-con-resolutions","status":"publish","type":"alert","link":"https:\/\/jbs.org\/alert\/oppose-missouri-federal-con-con-resolutions\/","title":{"rendered":"Stop Missouri Federal Constitutional Convention Resolution HCR 61"},"content":{"rendered":"\n
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Members of the Missouri General Assembly are seeking to pass a resolution applying to Congress to \u201ccall a Convention for proposing Amendments,\u201d under Article V<\/a> of the U.S. Constitution, otherwise known as a federal constitutional convention<\/a> (Con-Con) or \u201cconvention of states,\u201d as some erroneously refer to it.<\/p>\n\n\n\n

House Concurrent Resolution No. 61 (HCR 61<\/a>) would apply to Congress for a convention to propose an amendment “to repeal the Sixteenth Amendment and remove the power of the federal government to lay and collect taxes on incomes.”<\/p>\n\n\n\n

House Bill No. 1442 (HB 1442<\/a>) and Senate Bill No. 1310 (SB 1310<\/a>) also have been introduced. They would ostensibly regulate the conduct of delegates to a convention (titled \u201ccommissioners\u201d in the bills) and are designed to give false assurance that a convention won\u2019t get out of control. Such bills would be completely useless<\/a> at preventing a runaway convention<\/strong> \u2014 for example, they don\u2019t regulate delegates from other states, and don\u2019t prevent delegates from proposing an entirely new constitution (in the 1787 Convention, states also attempted<\/a> to limit delegates\u2019 authority).<\/p>\n\n\n\n

Although the 16th Amendment certainly should be repealed, an Article V constitutional convention is not a proper or wise way to do it.<\/mark><\/strong> Any Article V convention could lead to a runaway convention<\/a> that would reverse many of the Constitution\u2019s limitations on government power and interference. In other words, a Con-Con could accomplish the same goals<\/a> that many of its advocates claim to be fighting against. <\/strong>As evidence, both a 2016<\/a> and 2023 simulated \u201cConvention of States\u201d<\/a> resulted in amendments massively increasing the federal government and expanding its spending powers.<\/p>\n\n\n\n

When speaking to your legislators, emphasize the following irrefutable facts about an Article V convention for proposing amendments:<\/strong><\/p>\n\n\n\n

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  1. There is no constitutional authority for a limited convention.<\/li>\n\n\n\n
  2. There is no guidance on how delegates would be selected.<\/li>\n\n\n\n
  3. There is no guidance on who could qualify as a delegate.<\/li>\n\n\n\n
  4. There is no guidance on how many delegates each state could send.<\/li>\n\n\n\n
  5. There is no provision for stopping a runaway convention.<\/li>\n\n\n\n
  6. There is no provision for how rules would be established.<\/li>\n\n\n\n
  7. There is no provision for how rules would be enforced.<\/li>\n\n\n\n
  8. There is no role provided for the people to play in the process.<\/li>\n\n\n\n
  9. There is no power provided for the people to stop a convention once it starts.<\/li>\n\n\n\n
  10. There is no description of the ratification conventions Congress could choose to call.<\/li>\n\n\n\n
  11. There are no rules governing the ratification conventions Congress could choose to call.<\/li>\n\n\n\n
  12. There is no means provided for either the states or the people to challenge Congress\u2019s choice of the method of ratification.<\/li>\n\n\n\n
  13. There is no test provided for a qualifying application submitted by a state.<\/li>\n\n\n\n
  14. The acceptance by one Congress of a state application for a convention does not bind subsequent Congresses from accepting that application.<\/li>\n\n\n\n
  15. Application for a convention submitted by one state legislature does not prevent subsequent state legislatures from revoking the previous application.<\/li>\n\n\n\n
  16. All these issues would be challenged in court and would take years to be decided.<\/li>\n\n\n\n
  17. The issues to be addressed at a convention to propose amendments would likely be moot by the time the challenges reached the U.S. Supreme Court for final adjudication.<\/li>\n\n\n\n
  18. If 100 percent of registered voters opposed an amendment proposed by a convention, but the requisite number of state legislatures or ratifying convention (according to the process determined by Congress for consideration of proposed amendments) then that amendment would become part of the Constitution regardless of the will of the people.<\/li>\n\n\n\n
  19. The same scenario is true of a proposed amendment was approved by 100 percent of registered voters but rejected by the ratification conventions or state legislatures (according to the process determined by Congress for consideration of proposed amendments).<\/li>\n<\/ol>\n\n\n\n

    The late Supreme Court Justice Antonin Scalia understood<\/a> the danger of a constitutional convention. While he voiced support for one at a 1979 event<\/a>, the justice had reversed his opinion by 2014 due to the uncertainty of what could come out of it. In 2015, Scalia reiterated his opposition to an Article V convention, stating \u201cthis is not a good century to write a constitution<\/strong>.\u201d Furthermore, what kind of delegates would Missouri send to such a convention?<\/mark><\/span><\/mark><\/em><\/strong> Constitutionalist conservatives or RINO moderates and liberals?<\/mark><\/strong><\/em><\/p>\n\n\n\n

    In 1979, then-U.S. Senator Barry Goldwater of Arizona, correctly warned about an Article V convention:<\/p>\n\n\n\n

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    If we hold a constitutional convention, every group in the country \u2014 majority, minority, middle-of-the-road, left, right, up, down \u2014 is going to get its two bits in and we are going to wind up with a constitution that will be so far different from the one we have lived under for 200 years that I doubt that the Republic could continue.<\/p>\n<\/blockquote>\n\n\n\n

    Goldwater considered an Article V Convention threatening to the continuity of the United States\u2019 republican form of government. It would be foolhardy and downright reckless to disregard these and other legitimate concerns.<\/p>\n\n\n\n

    An Article V convention<\/a> possesses the inherent power to propose\u00a0any<\/em><\/strong>\u00a0changes to the U.S. Constitution, including drafting and proposing an entirely new \u201cmodern\u201d (i.e. socialist) constitution. Instead,\u00a0the Missouri General Assembly should consider\u00a0<\/strong><\/em>Article VI<\/a>\u00a0and\u00a0nullify<\/a>\u00a0unconstitutional laws.<\/em><\/strong><\/p>\n\n\n\n

    Furthermore, state lawmakers should also consider rescinding any and all previously passed Article V convention applications to Congress, regardless of the desired amendment(s).<\/em><\/strong> Passing rescission resolutions will help prevent aggregating past Article V convention applications with those from other states to force Congress to call a convention.<\/p>\n\n\n\n

    Above all, urge your state representative and senator to oppose HCR 61, HB 1442, SB 1310, and all other pro-Article V convention resolutions and to instead consider <\/mark><\/strong>nullification<\/strong><\/a> as a safe and constitutional means to limit government.<\/mark><\/strong><\/p>\n\n\n

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