Conference on the Constitutional Convention: Legal Panel

In a discussion moderated by Conference Co-chair and HLS Professor Lawrence Lessig, panelists John Baker, Nick Dranias, Sanford Levinson, Barbara Perry, and HLS Professor and constitutional scholar Laurence Tribe considered the structures that would define an Article V Convention.

[Blisstew]

Recently, 2011-2012 legislative session, the Hawaiian House of Representatives passed HCR 114, a bill to apply to Congress for an Article V Constitutional Convention. Hawaii's House called it a "Constitutional Convention." In their application resolution, Hawaii proposed five amendments for consideration. Their first proposed amendment is to either repeal or rewrite the 2nd Amendment. How will that go over? Could a bloodless revolution created in an Article V Convention lead America to a bloody civil war through the products of its deliberations? It is a deliberative convention and delegates thereto may draft amendment proposals according to Robert Natelson, Ph.D. so we have no idea what the delegates of 50 States will draft as proposed Amendments once the convention is convened.

[nessaka]

As liberal as Harvard is I would not want any of them messing with the constitution, or you won't have a constitution.

[petefishes]

We need one of these now to remove corrupt politicians and the imposter in the White House today .

[Blisstew]

There is nothing in Article V that allows the State Legislatures to determine who the delegates to the Article V Convention would be. Article V allows the legislatures of the 50 states to apply to Congress for the convening of the Article V Convention. But it is Congress then that calls the convention. If Congress calls the convention, what role will Congress play? Will Congress decide how delegates are chosen, how many voting delegates each state has, whether those delegate numbers are based on state populations or whether there is equal representation at the convention.  It is also Congress that determines the method of ratification of proposed Amendments that come from the convention according to Article V.  Congress can allow legislatures to ratify or not-ratify the proposed amendments, or Congress may instead decide that State Ratification Conventions will be held in the 50 States to see which amendments are ratified and which are not. This is a Pandora's Box and who knows what will crawl out of it if opened? As many scholars as you ask have as many differing opinions.

[Blisstew]

Professor Tribe's many unresolved questions are important. Professor Tribe was correct that the entire constitution could be on the line if an Article V Convention were convened. The Article V Convention may offer a bloodless revolution to change our Constitution, or what might be intended to be a bloodless revolution might make such terrible recommendations that it prompts deep divisions in our country.

[thetayoung]

This goes to show why nothing is ever fixed. The ones who don’t want to use mechanisms given to us to make changes would rather sick back and hope that people do the right think, which they never do.

[VNJon]

No, he is not correct. An Article V Convention for the proposal of amendments would not put the entire Constitution on the line. The states would dictate exactly what the convention was convened for. The problem with using liberals to interpret the Constitution is that it was not meant to be interpreted, but READ. It is in English. And Article V allows for AMENDMENTS to be proposed. This type of convention would not even convene Congress except to ENACT what the states demanded.

[timford]

I feel they should Add 3 Amendments.  1 The Constitution should be taken word for word without interpretation. 2 The government should NOT exceed the budget more than growth of the economy. Should the budget exceed the growth, the excess would be deducted from our Governments salaries or wages starting from highest to lowest. 3 No Political Action Committee shall donate money to any Government Official or all involved will be imprisoned for bribery for not less than 10 Years. Losing all ability to practice law in the Continental USA.

Our Government Officials wages and salaries are in the TOP 7%  of our country.