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Tuesday, December 16, 2008
Phyllis Schlafly :: Townhall.com Columnist
Con Con Is a Terrible Idea
by Phyllis Schlafly
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The mind-boggling amounts of the bailouts Congress has passed and is still debating, plus shocking Wall Street frauds, seem to have plunged some lawmakers into a silly season. Ohio state legislators this month held a surprise hearing on a resolution calling for a national constitutional convention, and then canceled a vote after dozens of citizens showed up to speak against it.

We already have a U.S. Constitution that has withstood the slings and arrows of outrageous fortune for more than two centuries, and we don't need a new constitution. There is nothing wrong with the one we have except that politicians are not obeying it and judges are indulging in too much activism.

The idea that adding new words to the Constitution to require balancing the federal budget, or to give President Barack Obama a line-item veto so he can veto the extravagant spending he has already endorsed, is delusional. The only thing more outlandish is the fanciful notion that a 2009 constitutional convention (colloquially known as a Con Con) could adopt such requirements while avoiding other mistakes.

The most influential players in any new Con Con would be Big Media, giving us round-the-clock television coverage. The 2008 presidential campaign proved that the media consider themselves actors in the political process, not merely reporters.

Outside of a Con Con hall, demonstrators would hold court demanding constitutional changes. These would be staged by gay activists and their opponents, pro-abortionists and pro-lifers, radical feminists, environmentalists, gun-control advocates, animal rights extremists, D.C. statehood agitators, those who want to relax immigration and those who would restrict it, mortgage defaulters and the unions -- all demanding consideration of amendments to recognize their claimed rights.

Article V requires Congress to call a new Constitutional Convention to consider "amendments" (note the plural) if two-thirds (34) of the states pass resolutions calling for it. There are no other rules in the Constitution or in federal law to list or limit a Con Con's purpose, procedure, agenda or election of delegates.

The whole process would be a prescription for political chaos, controversy, confrontation, litigation and judicial activism. Just about the only thing we can predict with certainty is that it could not be secret from the media and the public, as was the original 1787 Constitutional Convention.

Many prestigious constitutional authorities say it is impossible for Congress or anyone else to restrict what a Con Con does. The late Chief Justice Warren Burger wrote, "There is no effective way to limit or muzzle the actions of a constitutional convention. After a convention is convened, it will be too late to stop the convention if we don't like its agenda." Continued...

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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Con Con is a Tool
Glenn Flowers has it right. A Convention was placed in Article V by the Founders for the expressed purpose of giving the states and populace recourse to when the Congress and/or the Executive Branch becomes hijacked by greedy, self-serving interests. THIS IS EXACTLY THE SITUATION WE ARE NOW FACED WITH AND HAVE BEEN DEALING WITH FOR SOME TIME NOW.
Presently I am spearheading an effort to bring about AUTONOMOUS REGIONAL GOVERNMENT via a National Constitutional Convention. Highlights of my proposal include all social security payments being made to state trust funds as opposed to the federal trust fund which is one big IOU, return of all federal land and properties(including the military) to the states/regions, and each region issuing its own currency. Use Article V or lose it . . . and your way of life in the process. See link below for more info:

http://groups.yahoo.com/group/NationalConstitutionalConvent ion06

Lacking Cleverness--and more
My point is that in the not too far distant future, the Supreme Court will rule that laws prohibiting gay marriage will be unconstitutional because there is nothing in the Constitution that would prevent them, and existing language that makes it wrong to prevent them--the equal protection clause of the 14th amendment. It may be that in those states where the Supreme Court has ruled in favor of allowing gay marriage they've relied on their own state ERA as the rationale, but with the US Constitution that won't be possible or necessary. States passed these ERAs to accelerate the courts getting to the outcome they were going to get to anyway. Ms. Schlafly was a key figure in getting the ERA defeated on a national level, delaying progress temporarily, but she can't hold it back indefinitely--it's coming because the people increasingly can't find it in their hearts, their principles, or their experience to explain why gay citizens shouldn't have that right along with all other US citizens. People just get tired of being mean & petty and ignoring reality--the tired slogans that people use to "justify" not allowing gay marriage get increasingly exposed as not making sense or having any validity.
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