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Speculation - Hi everybody! I've been reading twitter posts for the last couple of weeks warning about a Koch Brothers/republican plan to convene a Constitutional Convention (does it requires a 2/3 majority of governors/states? That would = 33 governorships. Google shows me that there are currently 34 republican governorships). The republicans would goad the republican governors to call for a Constitutional Convention under the guise of passing the Balanced Budget Amendment. Once the Convention is convened, these governors can put whatever they want on the agenda...
While Dems and their progressive supporters are raving about a blue tsunami and flipping Congress and the Senate to Dem majorities this fall, republicans are planning to circumvent all that by herding republican governers into calling for a Constitutional Convention.The republicans don't care if they lose Congressional and Senate seats because the republican governors that make up the Constitutional Convention will "FIX" everything!
This sounds crazy, I know, but the Dems (and us/we) get out-maneuvered by these republican $hitbag shenanigans every time! Once the republicans herd their governors into calling for a Constitutional Convention then the game will be over... According to these tweeters, a Constitutional Convention of 34 governors will be able to re-write the US Constitution as we now know it!
They would be able to rescind whatever rights they wanted, change voting rights for whatever groups they want, strip folks of citizenship, basically do anything they want and it would all be completely legal... This is scary for me because we are ALL being distracted with talk of this blue wave/tsunami!
Anyway, let me know what you think... Can the $hitbag republicans call a Constitutional Convention? Can these 34 governors ratify changes to the constitution in lieu of a vote from the people of these states? Or am I and these tweeters worried about nothing?
Response to TheDebbieDee (Original post)
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LonePirate
(13,426 posts)leftofcool
(19,460 posts)I think this is not likely.
Agschmid
(28,749 posts)Check the constitution.
TheDebbieDee
(11,119 posts)I wouldn't be asking these questions in a public forum.
Agschmid
(28,749 posts)TheDebbieDee
(11,119 posts)have even bothered to reply. Have a nice evening and move onto another post...
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Agschmid
(28,749 posts)I ask why you cant read a document thats public and available everywhere, and you call me a troll.
Got it.
Laughable, but it is what it is.
Sophia4
(3,515 posts)TheDebbieDee
(11,119 posts)submit these Balanced Budget Amendments in every state (just like Stand Your Ground Laws and Castle Laws were written in several states) and if Amendment is ratified in the 38 states with republican governors, some convention will be called to ratify this Amendment, completely by passing the Supreme Court. The Convention can then be used to pass or rescind any number of other Amendments, bills or rights and as long as there are 38 approving governors this stuff will become law!
About the 38 governors need to get the 2/3 majority, are there four Dem governorships up for election this year?
tritsofme
(17,380 posts)2/3 of the states would still have to ratify any amendments coming out of a convention.
Governors don't ratify amendments on their own, it involves a vote in the legislature.
The purpose of a convention is to bypass Congress, the Supreme Court has no role in the adoption of amendments.
roamer65
(36,745 posts)Last edited Tue Jan 2, 2018, 02:14 AM - Edit history (6)
34 states can call for and open a constitutional convention, but 38 states must ratify any changes for them to take effect.
The alternate route for amendment and repeal we have preferrred is 2/3 passage by Congress, then 38 states for ratification.
13 states who disagree can block any and all changes...end of story.
I dont think these RW clowns really want to open the Constitution. I would strongly warn against it.
I and many others in this country would support an amendment similar to Article 50 of the EUs Lisbon Treaty...aka a secession formula. They can stick that in their pipe and smoke it.
PoliticAverse
(26,366 posts)"Amendments Convention". The phrase "Constitutional Convention" is used to refer to the 1787 convention at which
the US Constitution was originally adopted.
From Article V of the US Constitution (revelant section bolded):
Any amendment proposed this way would need to meet the same requirement to become part of the Constitution as those proposed by Congress: ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof (3/4 of 50 = 38 states).
For more detailed information see the Wikipedia page on the issue:
https://en.wikipedia.org/wiki/Convention_to_propose_amendments_to_the_United_States_Constitution
Note that as an "Article V Convention" has never happened in US history, there are several unanswered questions
as to specifics which would have to be clarified by Congress or the Supreme Court.
onenote
(42,714 posts)First, governors alone can't call for a constitutional convention. It requires the state legislature to pass a resolution and for it to be signed by the governor (or passed over the governors' veto). While there are 34 governors, there are only 24 states in which the repubs control the state senate, the state house of representatives and the governorship (25 if you add in Nebraska which has a unicameral legislature).
Second, as noted, it still takes 3/4 of the states to ratify any amendments proposed by a constitutional convention.
TheDebbieDee
(11,119 posts)I shared your thoughts with my FB friends - it was settling to me to know that this ratification business isn't left to only the Governors but instead must be passed by the state legislatures of 38 states in order to bypass Congress.
The only thing keeping me up nights now wondering how many state legislatures are full crawling with $hitbag republicans.
Anyway, thanks so much for your input - as I posted upthread, if I had any confidence in my Constitution reading skills I wouldn't be asking folks on a public forum to help me figure this out.
Have a great day...