One of the so called “far-fetched” dreams of conservatives is a “Convention of the States,” which would enable a literal re-shaping of the Constitution.
But with a Trump election, it’s even more possible than you think, especially considering that Republicans now control the vast majority of legislatures and governor’s offices in the United States. Here’s how the map of GOP legislative control looks:
The Republican Party now has a “trifecta,” or controlling both state houses and the governorships in 24 states. Democrats have a similar trifecta in only six. Here’s the map of who controls the governorships:
A president has little (almost nothing) to do with calling a new Constitutional convention, but with his backing, it could sure get the support it might need.
In order to call a “Convention of the States,” the two-thirds, or 34 respective legislatures must pass a resolution – called an “application” that would be delivered to Congress. Once that “application” is delivered, the process can begin, there is no need for “approval” from Congress.
That is one way to amend the Constitution. It’s a route that has never been used, but is perfectly legitimate under Article V of the Constitution. The old fashioned way might be even more likely than starting with Congress.
As it stands, Democrats now control only 13 state legislatures, or 26 percent – if they lose one more state, they fall below the three-quarters needed to ratify constitutional amendments.
Democrats now control only 13 state legislatures (26%). If they lose 1 more they fall below the % needed to stop constitutional amendments. pic.twitter.com/6tVxNSoO2q
— Marc Porter Magee (@marcportermagee) November 12, 2016
Oh now that’s interesting. https://t.co/DQbRSL6XSf
— Jonah Goldberg (@JonahNRO) November 12, 2016
Some Leftists are freaking out.
Scariest of all. So to all of you millennials who don’t vote. Pretty soon they can change the constitution at will. It’s your future. https://t.co/KrWZlh2JKk
— Judd Apatow (@JuddApatow) November 12, 2016
Get your shit together, Democrats. https://t.co/NqasehCPn1
— Tom Nichols (@RadioFreeTom) November 12, 2016
So what Constitutional Amendments would the states propose? In a mock convention, they returned the following proposals:
- The public debt shall not be increased except upon a recorded vote of two-thirds of each house of Congress.
- Term limits on Congress
- Limiting federal overreach by returning the Commerce Clause to its original meaning
- Limiting the power of federal regulations by giving an easy congressional override
- Require a super majority for federal taxes and repeal the 16th Amendment
- Give the states (by a 3/5ths vote) the power to abrogate any federal law, regulation or executive order.
Talk about a revolution!
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H/T: Legal Insurrection