Article V Convention Is A Scam

Summary

• The 1787 Conventions, which violated its scope, limits, ratification method, and abolished our first Constitution, set the precedent for future Conventions
• The process for an Article V Convention is poorly defined and not what it is advertised to by its advocates
• Leftist organizations are advocating for an Article V Convention
• The amendments being proposed by "Conservatives" are flawed
• Leftists have plans to further grow the government and do away with our rights
• Quotes from our Founding Fathers regarding an Article V Convention
• Food for thought
• Conservative solutions to what Article V Convention advocates are promoting
• Common Concerns & Rebuttals

Introduction

The Article V Convention, that's being touted by so-called quote "Conservatives", is a scam. Whether they are wittingly advocating for it or not is besides the point. The point is, you need to be aware of what it is and how it threatens our Constitution.

1787 Convention

The only time we've held a Convention in our nation's history was in 1787. The purpose of the convention was to revise our original Constitution--the Articles of Confederation (AoC), because our federal government had been to weak to operate. The 1787 Convention had set limits, a set scope, and all of it was ignored, including the ratification method requiring all 13 states to ratify the changes, which was replaced by the ratification method in the new Constitution (which lowered the requirement to ratify to about 2/3rds of the states). The end result was that the AoC was abolished and replaced by the Constitution we have today.

As the 1787 Convention shows, an Article V Convention can and will lead to a newly written Constitution. That's because the Convention ultimately answers to no authority other than The People, exercising their right to alter or abolish government.

If you want to know what a Constitution written today would look like, here's one. If it's too long, read a summary about it here.

Problems With Going About An Article V Convention

The process is not what it's being advertised as and it's flawed in many ways. The aforementioned link goes into much more depth than we're going to cover here, but we'll try to summarize it as best as we can. For starters, all the advocates aren't even on the same page when it comes to what is the proper way to go about a convention in terms of proposing amendments.  Some advocates even claim that the States hold a lot of power over the convention, but the truth is, they only have the power to apply for the Convention and one of two constitutional ratification methods, and even then, Congress gets to choose the ratification method. Plus, the Convention can choose to by pass both ratification methods with the precedent set by the 1787 Convention, choosing to create their own.

Leftists Advocates For An Article V Convention

There are many leftist organizations pushing for this, as well as some leftists working with "Conservatives" ("Co-opting the Right").

Here's a few of them that we're aware of:

• Common Cause
• Move to Amend
• Wyoming Promise
• Wolf-PAC
• The Young Turks (video)
• The Nation

Here are some quotes by leftists:

"Other issues now pressed by the left—the right to health care, education, housing, the vote, even a basic income—could also be raised in a convention of states ... The left shouldn’t be afraid of a ‘runaway convention.’ It should welcome one." - Richard Kreitner, The Nation, Sept 2 2017

“What I do fear is a country that has become convinced it is no longer mature enough to consider amendments to its constitution, that believes it is too sacred for ordinary people to touch. I just reject that. Basically, it’s saying there’s nothing we can do but go ahead with a constitution that, as currently interpreted, is subverting representative democracy.” - Lawrence Lessig, The Nation, Sept 2 2017

Lessig and the other reformers behind Equal Votes say presidential candidates’ focus on battleground states unfairly tilts the national political agenda. Those states “are substantially different from the United States as a whole,” the group writes on its website. “They are older, and they are whiter. Winner-take-all effectively outsources the selection of our president to a subset of America -- a subset that does not truly or accurately represent America.” - Equal Votes, Oregon Live, 3 Oct 2017

Uygur joyfully continued, “I agree, and the original convention they say was … a runaway convention. It was, and it produced the greatest document known to man.” Lessig then smiled and replied, “Let’s have some more runaway conventions.” - Lawrence Lessig, The Young Turks, Sept 26 2011

Article V Convention Proposals By Conservatives

Let's look at some of the "fixes" that are being proposed by "Conservatives":

• Balanced Budget Amendment (BBA): our Constitution enumerates spending powers under Article 1 Section 8, and our elected leaders don't follow it. A BBA would legitimatize the current unconstitutional spending, replacing the enumerated spending with a budget requirement. Many of the proposals still allow Congress to spend past the requirement, hiding it under the guise of "except in the case of a national emergency" or "requiring 2/3rds of Congress to override". Also, with our current spending, Congress has two options: cut spending or raise taxes. Which route do you think is most likely they will go if this were enacted? Common sense says: raise taxes.
• Term Limits: we already have term limits, they're called elections. But let's say we have term limits for Congress, does that automatically mean we'll start electing better politicians? Well, it hasn't worked with our Presidents, so why would that change now? What would happen with Term Limits is we would create a "Lame Duck Session" for our entire Congress, where our representatives are no longer beholden to us, and will worry about their life after public office by advancing their special interests' agenda. Just imagine Senators on a 6 year lame duck session and the harm they can cause in that time.

Here are some quotes by "Conservatives" on an Article V Convention:

"I think the majority of Americans are too lazy to elect honest politicians. But I think some men and women could be found who are morally and intellectually capable of re-writing the Constitution…” -- Jordan Sillars, Communications Director for Convention of States Project

What The Left Is Proposing

• Term Limits for Supreme Court Justices
• Clarification Clause to the 2nd Amendment
• Abolish the Electoral College

What Would Our Founders Say?

• "Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America and under all the disadvantages I have mentioned." - James Madison
• "If a General Convention were to take place for the avowed and sole purpose of revising the Constitution ... an election into it would be courted by the most violent partizans on both sides ... would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric." - James Madison

Food For Thought

• If states are trying to reign in on the federal government, why haven't they exercised their other available options? Doesn't this strike you as similar to what we experience with the FBI dropping the ball on numerous attacks, with the end result being our freedoms continuing to be legislated away ("Never let a crisis go to waste")?
• If the purpose is to reign in on the federal government, our Constitution already does that, so what's the point? The problem is, our politicians don't follow the Constitution. So does that mean that our leaders will start obeying it now? There's no evidence to suggest that.
• If you still believe the Constitution or the system is the problem, here's some something to consider:
• “Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks – no form of government can render us secure. To suppose liberty or happiness without any virtue in the people, is a chimerical idea. If there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men. So that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them." – James Madison, Speech in the Virginia Ratifying Convention, June 20, 1788
• “Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.” – Judge Learned Hand
• If you've lost faith in the people, there's still reason to hold out hope:
• “It does not take a majority to prevail…but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.” – Samuel Adams

Conservative Solutions

So what are Conservative solutions that the Article V Convention is attempting to address?

• We need to start educating people. Much of what our problems resides in the fact that the American has been dumbed down, especially in terms of the Constitution. They're also brainwashed, in many respects. It's our job to undo the brainwashing and teach them about the Constitution. It likely won't happen the first day, so we shouldn't be discouraged.
• Some of the best ways to go about educating people is to print out flyers with a message you want to convey and hand them out around your neighborhood or district. 
• Alternatively, you can buy a rubber stamp / stickers, and post them in public places with heavy foot traffic.
• Take your smart phone or other video recording device and do interviews on the streets. You don't want to provoke people, you just want to get them to think about the issues regarding the Constitution and their rights.
• Hold our elected officials accountable. There are many ways to do this.
• Urge your state elected state politicians to exercise Nullification and asserting their 10th Amendment Right. The 10th Amendment Center offers a more detailed approach to this method.

Common Concerns & Rebuttals

The scope can be limited

Per Article V, the amendments that are proposed are up to the Convention, with states holding no say in the matter. And, as the 1787 Convention showed, there is no scope to a Convention.

States can...

The only power the states have is to apply for an Article V Convention, send the delegates, and, if Congress so chooses, to be part of one of the two official ratification methods (other unofficial methods are the ones that the Convention can invoke).

Once enough states apply for an Article V Convention, Congress makes the rules of the Convention, and the Convention proposes the amendments. However, as the 1787 precedent shows, once a Convention is underway, there are no rules, scopes, or limits.

The 1787 Convention was not limited

The 1787 Convention did indeed have limits and a scope:

• Three States (NY, MA, & CT) and Congress said the convention was "for the sole and express purpose of revising the Articles of Confederation"
• Two States (MA & DE) require their delegates to protect AoC provisions found in the 5th Article
• Ten States (VA, PA, DE, GA, NY, MA, SC, MD, NH, & RI), Congress, and Article XIII, required ratification by all 13 state legislatures.

A Constitutional Convention and an Article V Convention are not the same thing

We often hear this when it comes differentiating between the 1787 Convention and an Article V Convention. Here's the definition of a Constitutional Convention, per Black's Law Dictionary:

A duly constituted assembly of delegates or representatives of the people of a state or nation for the purpose of framing, revising, or amending its constitution.

There's also the fact that the 1787 Convention followed the same process as an Article V Convention, using the AoC's Article XIII:

...[N]or shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united States, and be afterwards confirmed by the legislatures of every State.

Whatever you want to call it, the idea is the same: States send delegates to a Convention to propose amendments to the existing constitution. This is no different than discerning between a Communist, Socialist, Progressive, and Liberal. The names change, but the idea is the same.