Is a Constitutional Convention Feasible?

Constitutional Convention
A friend mentioned using a “Constitutional Convention” to overturn Obamacare. Is this feasible?
 
My answer: I don’t think a “Constitutional Convention” is anywhere near as easy as people think. But let’s take a closer look at it, to see what it says, as well as how best to make one happen should we need it. First, let’s take a look at the Source Document i.e. Article V of the U.S. Constitution:
 
“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…”
This is beautifully written.  The only problem is that it’s horribly misunderstood.
For example, here’s a graphic that flat out gets a key element wrong, by giving power to Congress that the U.S. Constitution actually denies, and for very good reason:
Amending the Constitution - Wrong
Here’s another one that just flat out gets it wrong.  When you re-read Article V again, can you spot the error?
amending the constitution - also wrong
Here’s a far more accurate graphic.  In fact, it matches the text in Article V exactly, except for one minor point:
Amending the Constitution - Nearly Correct
In summary, Amendments to the U.S. Constitution can be initiated and ratified by one of two means:
 
– When initiated by Congress
– – Initiation requires 2/3 vote from BOTH Houses
– – Ratification – See Note 1
 
– When initiated by the States
– – Initiation requires 2/3 of the legislatures of the states via Conventions
– – Ratification – See Note 1
 
Note 1: Ratification requires 3/4 of legislatures of the states or by Conventions in 3/4 of the states, as proposed (but not mandated) by Congress.
 
In other words, while the initiation may originate from two different sources (Congress and the State legislature Conventions), the ratification is always performed by the States.
 
Thus, there is a means by which the States can not only resist, but actually steamroll over a wayward, do nothing or even a bad Congress. If 3/4 of the state legislatures are willing, they can pass a Constitutional amendment repealing the Affordable Care Act (ACA), if not outlawing federal involvement in health care altogether, and they can do it even if 100% of all members of both the House and the Senate oppose it.

Author: patriot

It was a distinct honor, as well as my pleasure, to serve my country for more than twenty years. I love my country, but sometimes I'm not too happy with its leaders. I'm working to change that, and I could use your help. Please join me! Thanks. : ) - Patriot

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