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Apocalypse Soon? Are Dems on verge of being unable to stop Constitutional Amendments?

Apocalypse Soon? Are Dems on verge of being unable to stop Constitutional Amendments?

Convention of the States may be more likely than you think with recent Democratic state losses.

https://twitter.com/marcportermagee/status/797462124788379648

Several days ago I published Democrats devastated at state level in 2016 elections:

In the past 8 years Republicans have made devastating gains at the state level, taking over numerous state houses and other statewide offices, and state legislatures. It’s been the equivalent of washing the sand out from under the Democratic political house, depriving Democrats of a training ground in which to grow future leadership.

It not only impacts a myriad of social and economic policies, but also various states-rights issues and redistricting.

This election cycle continued the trend. The Hill reports, GOP makes big gains at the state level

In much of the country, particularly the South, Democrats are “basically extinct” at the state level.

The NY Times reported, yesterday, on how the 2016 election further damaged Democrats:

Republicans further cemented their control of state governments in this year’s elections. They will control the governor’s office and both chambers of the state legislature, a governing trifecta, in four more states — Iowa, Kentucky, Missouri and New Hampshire.

The net effect of the elections Tuesday will be that Republicans will have a trifecta in 24 states, while Democrats will have just six, as of Friday.

While Democrats picked up a trifecta in one state, they lost trifectas in two others.

ny-times-map-state-control-of-governor-2016-election

ny-times-map-state-control-of-legislature-2016-election

In my prior post, I ignored one more important implication of the loss of control at the state level. Could further Democratic losses get to the point that Democrats could not stop constitutional amendments?

Mark Porter Magee tweets:

Democrats now control only 13 state legislatures (26%). If they lose 1 more they fall below the % needed to stop constitutional amendments.

Here’s his step-by-step explanation:

https://twitter.com/marcportermagee/status/797462124788379648

mark-porter-magee-tweet-constitutional-amendment-three-fourths

So far, Democrats would have the ability to stop a constitutional amendment, both because Republicans would not have 2/3 in the House and Senate, even if Republicans somehow made more gains in the states.

But, what if Republican went the Convention of the States route?

https://twitter.com/marcportermagee/status/797471435115687937

Here is the wording of Article 5:

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; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Would Republicans consider a Convention of the States bypassing Congress? In fact, just such a movement is underway, and we have been covering it:

The Convention of the States website provides more detail, including responses to opposition. Mark Levin has proposed the Liberty Amendments to be passed as such a Convention. Republican control of the states ensures that no crazy leftist amendments, even if passed at a Convention, would pass enough states to be enacted.

Whether amendments would be good things is a different question. But the threat that Republicans may soon not need Democrats in Congress to pass a constitutional amendment has people freaking out:

https://twitter.com/mattyglesias/status/797503248848523264

I don’t think it’s panic time for Democrats yet. Three’s no certainty that the requisite number of Republican-controlled states would vote for a Convention of the States, much less pass amendments proposed out of such a Convention.

While it may not be Apocalypse Now, it might be Apocalypse Soon.

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Comments

They recently conducted a mock convention which resulted in the following proposed amendments:

1. The public debt shall not be increased except upon a recorded vote of two-thirds of each house of Congress.
2. Term limits on Congress
3. Limiting federal overreach by returning the Commerce Clause to its original meaning
4. Limiting the power of federal regulations by giving an easy congressional override
5. Require a super majority for federal taxes and repeal the 16th Amendment
6. Give the states (by a 3/5ths vote) the power to abrogate any federal law, regulation or executive order.

    jabster in reply to Paul. | November 12, 2016 at 10:30 pm

    I don’t like #4. I think every regulation should be affirmatively approved by Congress. And possibly even signed by the President brings that.

      jabster in reply to jabster. | November 12, 2016 at 10:32 pm

      *beyond* that.

      snopercod in reply to jabster. | November 13, 2016 at 8:22 am

      That would be an impossible task because hundreds of new regulations come out every single day.

        Wrathchilde in reply to snopercod. | November 13, 2016 at 8:34 am

        Yes approving every regulation would be time consuming. But don’t you think making new regulation should take at least as long as vetting a Hillary Email for release?

        jabster in reply to snopercod. | November 14, 2016 at 2:02 pm

        That would be an added benefit.

        Shouldn’t something that has the force of law be required to go thru the same process as an actual law?

        Also, maybe Congress should actually do their jobs instead of passing laws that say “An agency should be setup to keep the air clean” leaving the details to said agency and people like, well, like Obama.

        (sorry for dupe. this somehow got added at the end instead of as a reply)

    mrtomsr in reply to Paul. | November 13, 2016 at 9:13 am

    Something should be added that treaties with other Countries can not supersede or change the Constitution. With “the new world order” ides so close, we may have dodged a huge bullet just now. Making sure the Constitution can not be altered because of a treaty by a complicit president and senate is important.

      mrtomsr in reply to mrtomsr. | November 13, 2016 at 9:15 am

      “New world order” *idea*

      stevewhitemd in reply to mrtomsr. | November 13, 2016 at 2:12 pm

      My proposal for just such an amendment:

      “The judicial power of the courts established under Article III of this Constitution shall not be guided by any precedent or opinion by any foreign court or tribunal; except as shall be agreed to by the United States under international treaty.”

The idea simultaneously excites and scares me.

It seems like a … oh, what would be the phrase … gosh, it’s on the tip of my tongue … Oh yeah, … it sounds like a, like a …

… legal insurrection.

Why worry Lefties’ little heads with some yellowed parchment well into its third century?

Some Californians and Oregonians find it easier to snatch a copy of John C. Calhoun’s Disquisitions (the Spark Notes version, actually) and start gabbing about secession.

Yale must’ve known something last year when it refused SJW demands to change the name of Calhoun College.

Has Trump won the Nobel Peace Prize yet?

    That’s only for Diversity Hires.

      Anonamom in reply to Fen. | November 12, 2016 at 11:52 pm

      You win.

      n.n in reply to Fen. | November 13, 2016 at 12:59 am

      It’s not diversity, which is judgment of people by the “content of their character”. It is class diversity, which is judgment of people by the “color of their skin”. The Left’s concept of “diversity” is antithetical to diversity and individual dignity, and is incompatible with the religious/moral principle of intrinsic value.

Excellent post. I hadn’t even considered this.

But you are a Tease.

Because Mitch McConnell. He’ll block everything.

I don’t know who he works for, but its not the American people.

I would add:

No more omnibus bills. Force them to take a stand on spending, line by line. Bonus effect – it slows down the government, ala Herbert’s Bureau of Sabotage (“In Lieu of Red Tape”) to keep the State apparatus from steamrolling over us.

Hell, they don’t even READ the bills they vote on. I could stage a coup by writing in “Fen is hereby appointed dictator for life” and they would pass it.

Some clever staffer should do that, just to prove the point 🙂

    Morning Sunshine in reply to Fen. | November 13, 2016 at 8:31 am

    I like the idea I heard that no bill should be longer (word count) than the Constitution itself. There would be no room for the back-handed, pork-barrelling, crony-capitalism in that. Not without being VERY obvious.

Just for fun…

If California, Oregon, and Washington seceded…

… the GOP-majority legislatures in the remaining states would already be at three-quarters, meaning they could amend the constitution unilaterally.

    TeacherinTejas in reply to clintack. | November 13, 2016 at 9:57 am

    I’d give California the chance to divide like Texas apparently is allowed to do, if secession ever became an issue. Wouldn’t mind keeping the conservative north and the Silicon Valley middle (Hey they’re libs but they do actually generate economic activity) and let the south secede. It’ll probably join Mexico on 20 years the way things are going anyway.

      stevewhitemd in reply to TeacherinTejas. | November 13, 2016 at 2:15 pm

      Texas is not allowed to divide itself — it gave up that right when it was admitted to the Union. Relevant part of the Constitution says that all states are admitted on an equal basis to the Union: since no other state can divide itself without the consent of the Congress, neither can Texas.

I have a dream to reconcile moral, natural, and personal imperatives within the framework of The Declaration of Independence and The Constitution. The possibilities are exhilarating.

Just found this… not only worth watching – it should. E posted on everyone’s FB page.

https://pjmedia.com/video/lefty-reporter-jonathan-pie-gets-it-breaks-down-exactly-why-trump-won/

    Gremlin1974 in reply to Doc-Wahala. | November 13, 2016 at 4:31 am

    Do yourself a favor and actually watch the video, ignore that he is griping about Trump winning and listen to what he is trying to tell the left. Very insightful.

Please God, let it be so.

Let’s fix this thing.

MaggotAtBroadAndWall | November 13, 2016 at 7:08 am

Maybe we really are on the cusp of America’s fourth revolution.

http://www.newcriterion.com/articles.cfm/Future-tense–X–The-fourth-revolution-7395

However, a convention of the states opens Pandora’s Box – nobody knows the limits of its authority or what constitutes legitimate procedure. Could they simply scrap the Constitution outright with no replacement? Could that happen by accident?

However, if they’re lining up amendments, I’d recommend giving either the Congress or the States authority to overrule Supreme Court decisions, stop SCOTUS from arrogating legislative power to itself.

    Milhouse in reply to billdyszel. | November 13, 2016 at 9:04 am

    Yes, they could, exactly as the Philadelphia convention did. That convention ignored the Articles of Confederation’s amendment procedure, scrapped the Articles altogether, wrote a brand new constitution with its own method of ratification, and presented it to the states as something they could not block. Ratifying conventions would happen with or without their approval, and the new constitution would be in place as soon as nine conventions had ratified it. If they didn’t they’d be left on the outside, and subject to possible invasion.

    They should at least Game Theory this as Red Cell to see where and how it could be abused or hijacked, and then close those avenues off.

slow down here

GOP has full control of 33 state legislatures. 34 are needed to call a convention (that’s not even including whatever filibuster rules exist to block the existing 33)

And even if you get that far, you need 38 to ratify any amendments that come out of the convention.

It would be very bad if they get enough to call a convention but not enough to ratify anything that comes out of it.

And getting control of 38 is very difficult. Need to identify five more states.

    billdyszel in reply to commodore. | November 13, 2016 at 10:46 am

    True, the 38-state barrier means that even though it could soon be unnecessary to get support from Democrats in Congress to propose an amendment, you’ll still need support from Democrats in the states to pass one.

    I still think there are potential amendments that would find favor with both Republicans and Democrats at the state level, especially around unfunded Federal mandates, regulatory authority, and SCOTUS usurping the legislative function.

      “you’ll still need support from Democrats in the states to pass one.”

      I’ve been checking in on liberal sites last few days just to bask in their tears, but I’ve noticed a growing awareness (maybe fueled by the Bernie crowd) among the rank and file that the Establishment Party (E) is their true enemy.

      We might be able to appeal to that sentiment to get Dem support at the state level.

According to the WaPo the picture is even worse for Dems. If you look at the combination of executive and legislative leadership of the 50 states, only 4 remain in the hands of the Dems.

https://pbs.twimg.com/media/CxHZio-UkAAv6_q.jpg

Of course, some states like NY have some GOP balance in their legislature, but they would hardly look like a GOP legislature in, say, Texas.

A convention of the states would only institutionalize/legitimize the welfare state!

It’s a door that once open would be impossible to close, so you want to be very careful. It’s at risk to become one of those ‘good intentions’ things.

That would be an added benefit.

Shouldn’t something that has the force of law be required to go thru the same process as an actual law?

Also, maybe Congress should actually do their jobs instead of passing laws that say “An agency should be setup to keep the air clean” leaving the details to said agency and people like, well, like Obama.

I agree the states should get together and review the federal overreach. Check out the convention of states website to learn more.

Let’s get the power back to the people… maybe they will listen to us when we call a convention and they have to let us speak. They certainly will not limit their own terms or stop spending money they don’t have. This is certainly not an attempt to rewrite the constitution and take anything away from it. Its time to act! Thank you George Mason for this lifeline!!!! Nothing happens when GOOD MEN & WOMEN do nothing Visit here to learn more, sign the petition, & volunteer!!
http://www.cosaction.com/?recruiter_id=1636326

The Federal Leviathan must be reigned in before it devours the civil society. How? By a conventionofstates.com.

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