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Old January 31, 2009, 01:12 AM   #2
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Quote:
I read recently that Ohio introduced in the form of H.J.R. 8, a request to initiate a national Constitutional Convention.

Question: True, or not? If not, please provide links.
In the Ohio 127th General Assembly, both H.J.R. 8 and it s counterpart, S.J.R. 9, died in committee.
Quote:
I also read that 34 states are needed to bring about such a convention, and Ohio was the 33rd. As I understand it, some of these requests date back to the 70's but are still hanging around.

Question: True, or not? If true, what does that mean?
Sort of True. Article V of the COTUS provides the Congress will call for a convention to propose amendments, if 2/3rds of the States call for such a convention.

No one in Congress is keeping track of the con-con calls. My best guess, is that the States would have to sue for a Writ of Mandamus.

The Article does not specify that the calls must be on any singular subject, just that a call be made. Several States over the years have rescinded their calls, however it is not clear if this has any force as the Article is silent on such a matter.
Quote:
Question: is it or isn't it true that a con con pushed over a certain issue, like balanced budget, would open up the opportunity to change other parts of the constitution?
False. Here is the exact wording of the relevant portion of the Article:

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;

Read carefully, the convention will be called to propose amendments. What those amendments may be and how many of them there might be is left entirely up to the convention itself.

The only insulation is that the Congress provides for which mode of ratification will be used: 3/4ths of the State legislatures or 3/4ths of State conventions.

To put it bluntly, so many different amendments might be proposed, that it could alter completely what our Constitution says and is.

We have only one precedent of a con-con in our history. That was called to fix the problems inherent in the Articles of Confederation. The result of that convention was our current Constitution.
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