Article V Convention of States Pocket Guide BOOKLET
Article V Convention of States Pocket Guide BOOKLET
Article V Convention of States Pocket Guide BOOKLET
CITIZEN’S
POCKET GUIDE
The Founders’ Constitutional
Emergency Plan for “We the People”
to Save America from Federal
Government Tyranny
2018 EDITION
TABLE OF CONTENTS
1. Who Decides? 3
A Message from COSA President Mark Meckler
2. Article V of the U.S. Constitution 6
3. The Problem Why a Convention of States? 8
4. Support for a Convention of States 12
5. The Opposition 17
6. Brief Answers to Common Questions 20
7. Overcoming Objections from 25
Anti-Constitutionalists
8. COS Model Application 31
The COS resolution filed in state legislatures
that limits what can be proposed at a
Convention of States
9. Possible Amendments to Consider 33
at a Convention of States
10. Convention of States Simulation 35
Historic Success as State Legislators and
Delegates Convene from All 50 States!
11. About Convention of States 37
Action (COSA)
12. Get Involved Join Us in Making History 39
13. Petition 43
2
1. Who Decides?
A MESSAGE FROM COSA
PRESIDENT MARK MECKLER
Mark Meckler
President
5
2. Article V of the U.S.
Constitution
6
Consent, shall be deprived of its equal
Suffrage in the Senate.”
7
3. The Problem
WHY A CONVENTION OF
STATES?
8
3.1 - The Spending and Debt Crisis
America’s $20 trillion national debt is staggering, but it
only tells a part of the story. Under standard accounting
practices, the federal government actually owes well
over $100 trillion more in vested Social Security
benefits and other programs. The government cannot
tax its way out of debt; even if it taxed at 100 percent
and confiscated everything, it wouldn’t cover the
mountain of debt that we have already accumulated!
3.2 - The Regulatory Crisis
The federal bureaucracy has placed a regulatory burden
upon businesses that is complex, conflicted, and
crushing. Little accountability exists when agencies—
rather than Congress—enact the real substance of
the law. Current research* shows the annual cost
of compliance at about $2 trillion, roughly equal to
all income and corporate taxes combined! Worse,
the growth-killing effects of regulation have shrunk
economic growth by 25 percent, or $4 trillion per year.
3.3 - Congressional Attacks on State
Sovereignty
For years, Congress has been using federal grants to
keep the states under its control. Combining these
grants with federal mandates (which are rarely fully
funded), Congress has turned state legislatures into their
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of liberty requires a strict adherence to the principle
that power of the federal government is limited and
enumerated. Washington, D.C., does not believe this
principle, as evidenced by an unbroken practice of
expanding the boundaries of federal power.
The problems are big, but we have a solution as
big as the problems. Article V gives us the tool the
Founders intended we use to fix the mess in D.C.
Article V of the Constitution is our best chance – and
our last chance – to take the power back from the out-
of-control politicians and bureaucrats in Washington and
safeguard our liberty once and for all.
And when the Convention of States convenes, Congress
and the Washington bureaucracy will be POWERLESS
to stop it!
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4. Support for a
Convention of
States
MARK LEVIN
Author & Radio Host
“I have whole-heartedly
endorsed the Convention of
States Project. I serve on its
Legal Board of Reference
because they propose a solution
as big as the problem.”
SEAN HANNITY
Author & Talk Show Host
“I’m a big supporter of [a
Convention of States]. I like
what you’re doing. I hope you
get it accomplished.”
12
JIM DEMINT
Former US Senator from South Carolina
“Americans are sick and tired
of the doubletalk coming
out of Washington. So am I.
After serving in the House,
the Senate, and as President of
the Heritage Foundation, I’ve
finally realized the most important truth of our time:
Washington, D.C., will never fix itself. Article V is the
only solution.”
13
DR. TOM COBURN
Former US Senator from Oklahoma
“There is not enough political
will in Washington to fix
the real problems facing the
country. It’s time for the
people to take back their
country. The plan put forth
by Convention of States is a great way to do just that by
using the process the Founders gave us for reining in the
federal government.”
14
SENATOR MARCO RUBIO
Florida
“I put my trust in the people,
not Washington, in the critical
effort to restore constitutional,
limited government. The
Convention of States Project
is a genuine grassroots
movement to achieve that goal, and one that I am proud
to be a part of.”
15
BEN SHAPIRO
Editor-in-Chief of the Daily Wire
“I absolutely support the
Convention of States
Project… Article V exists
so that the people have the
final say, not the federal
government. If you believe
the people should decide instead of Washington, D.C.,
then you should support the Convention of States
Project.”
16
5. The Opposition
17
• Democracy 21
• Emily’s List
• Greenpeace USA
• Mi Familia Vota
• MoveOn.Org
• NAACP
• National Council of La Raza Action Fund
• People for the American Way
• Planned Parenthood
• Sierra Club
• SEIU - Service Employees International Union
See the full list at conventionofstates.com/opposition.
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6. Brief Answers to
Common Questions
20
the state legislatures for the purpose of proposing
amendments to the Constitution. They are given power
to do this under Article V of the Constitution (see
text, page 6). It is not a constitutional convention. It
cannot throw out the Constitution because it derives its
authority from the Constitution. A Convention of States
can only propose amendments that fit within the topic
of the applications adopted by the state legislatures.
So, for example, a convention that is called to limit the
power of the federal government could not propose an
amendment to reduce our rights and expand federal
power.
6.3 - How Do the State Legislatures Call a
Convention of States?
Thirty-four state legislatures must pass a resolution in
each house of their legislatures (called an “application”)
calling for a Convention of States. The Convention
of States application does not need to be signed
by the Governor to be effective, so as soon as both
houses of the state legislature pass the application that
state becomes one of the required 34 states calling
for a convention. In order for the applications to be
aggregated (counted together towards the 34 state
threshold), they must all cover the same topic or set
of topics for a convention. The Convention of States
model application is included on page 31.
21
6.4 - Can Congress Block a Convention of
States?
No. As long as each of the 34 states applies for a
convention that deals with the same issue (i.e., limiting
the power and jurisdiction of the federal government),
Congress must call the Convention. Congress’
ministerial duty is to name the place and the time
for the convention. If it fails to exercise this power
reasonably, the states themselves can and will override
congressional inaction.
6.5 - How Do States Choose Their
Delegates?
States are free to develop their own selection process
for choosing their delegates – properly called
“commissioners.” Historically, the most common
method used was an election by a joint session of both
houses of the state legislature. This is true “federalism”
in action. Each state has the power to choose its own
commissioners in its own way.
6.6 - What Happens at a Convention of
States?
Commissioners from each state propose, discuss, and vote
on amendments to the Constitution. Each state has one
vote at the convention. Amendments sent to the states
are merely “suggestions” made by the convention to the
states, and have no authority until ratified by the states.
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6.7 - How are Proposed Amendments
Ratified?
Thirty-eight states must ratify any proposed
amendments before they become part of the
Constitution. Each proposed amendment is ratified
separately by the states even if proposed as a package
(like the Bill of Rights). Ratification may be done by
state legislatures or by state ratification conventions,
which represent the people more directly. Historically,
ratification has been by state legislatures, with the
exception of the Twenty-First Amendment, which was
ratified by state conventions.
6.8 - How Do We Know How a Convention
of States Will Work?
Interstate conventions were common during the
Founding Era, and the procedures and rules for such
conventions were widely accepted. Additionally,
there have been many interstate conventions since
the Founding Era, virtually all operating on similar
rules. We can know how a Convention of States would
operate by studying the historical record. The recent
Convention of States Simulation, held in Williamsburg,
VA, in September of 2016 proved that these well-
established procedures would be followed by any
Convention of States held today (see page 35 for a
summary of that event).
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6.9 - Is a Convention of States Safe?
Yes. The ratification process ensures no amendment
that does not reflect the desires of the American people
will be passed. (Read more detailed responses to
specific objections to a Convention of States on page 25
of your booklet.)
24
7. Overcoming
Objections from
Anti-Constitutionalists
25
Objection #2: Didn’t the original
Constitutional Convention run away?
Answer: No, this is another myth that has been spread
to justify judicial activism and other unconstitutional
changes to our system of government. The entire
claim that the Constitutional Convention ran away
is based on the false idea that Congress called the
Constitutional Convention for the sole purpose of
amending the Articles of Confederation. But that’s
not true. In fact, under the Articles of Confederation,
Congress had no authority to call a Convention. If you
look at the historical records, it was actually Virginia
that called the Constitutional Convention in October
1786. Virginia called the convention for the purpose
of “render[ing] the Federal Constitution [system of
government] adequate to the Exigencies of the Union,”
an instruction that certainly included proposing a
new Constitution. Congress didn’t enter the picture
until months later when, in February 1787, it passed
a resolution recommending that the convention only
amend the Articles of Confederation. In the end, all but
two of states attending the convention (New York and
Massachusetts) ignored Congress’s recommendation
and gave their delegates instructions broad enough to
allow them to propose a new constitution.
Objection #3: I like our Constitution the
way it is—short, simple, and fairly easy to
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understand. Why should we change it?
Answer: While many Americans now own a “Pocket
Constitution,” the truth is that the Constitution we live
by today—the supreme law of the land governing all
American citizens and states—actually fills a book
weighing ten-pounds and running over 2,700 pages!
That’s because, for more than a century, a “runaway
constitutional convention” has been going on in the
Supreme Court. The results are printed by our federal
government in The Constitution of the United States
Annotated Edition. Everything from abortion, to
same-sex marriage, to ObamaCare, and more are now
“the law of the land.” An Article V Convention, which
the Framers provided, is the only way to reign in our
activist judiciary, reduce the federal government, and
restore our Constitution—back to its original pocket size
and its original intent.
Objection #4: The Constitution isn’t the
problem; federal officials are. How will
amending the Constitution help?
Answer: Most of the problems our country is facing
are the result of constitutional interpretations that
capitalize on ambiguities in the wording of certain
phrases (i.e., the General Welfare Clause being
interpreted as unlimited power to spend). We can
restore the federal government to its proper, limited
place only by clarifying the original meaning of those
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phrases through constitutional amendments—effectively
overturning the bad Supreme Court precedents that have
eviscerated our federal system. In short, the main goal
of the convention is to say to the federal government,
“We meant the plain meaning of the Constitution the
first time.” Unfortunately, due to manipulation and
expansion of federal government power by the Supreme
Court, “We the People” must use a convention to put the
federal government back into the constitutional straight
jacket originally created by the Founders.
Objection #5: Article V says Congress
“calls” the convention. Doesn’t this mean
Congress will control the convention?
Answer: No. Congress’ role is limited to issuing
the “call” which sets the date, time, and location of
the meeting, once it receives 34 applications for a
convention on the same topic. In legal terms, this is
referred to as a “ministerial” or “secretarial” role. In
this role, Congress is acting in a limited administrative
capacity on behalf of the states. It has no authority
beyond that specified, including no control over the
delegates. The states alone control the Convention of
States process from beginning to end.
Objection #6: At a time of extreme
gerrymandering and in an environment
of unlimited political spending,
wouldn’t a Convention of States open
28
up the Constitution and our system of
government to being rewritten by special
interest groups and the wealthy?
Answer: No. Over 400 applications for a Convention
of States have been filed, but we have never had one
because there have never been 34 applications seeking
a convention for the same purpose. This demonstrates
that the purpose or scope specified in the applications
does matter! States can instruct their respective
delegates to entertain a more narrow scope than what
is within the aggregated application, but they cannot
broaden the topic beyond that identified in the 34 passed
applications.
Objection #7: Why would the federal
government adhere to the newly ratified
amendments when they don’t adhere to
the Constitution now?
Answer: The federal government is following the
Constitution—just not the Constitution as originally
written. Instead they are following the Constitution
as interpreted by the Supreme Court, which has
misinterpreted our Constitution so significantly over
the years that the American people no longer recognize
it. To get the Constitution back to where it belongs,
we must get rid of all those erroneous Supreme Court
decisions. And that is exactly what new amendments
can do. For example, the Eleventh, Fourteenth,
29
and Twenty-Sixth Amendments were all adopted to
overturn bad Supreme Court decisions, and all of them
are interpreted correctly today. History proves that
amendments work.
Objection #8: Why is there opposition
to a Convention of States issuing dire
warnings about its potential for national
disaster?
Answer: Nearly all opposition comes from the
hard Left, as was revealed in April of 2017. Led by
socialist George Soros-funded Common Cause, 230
organizations comprising virtually every radical, anti-
Constitution activist group in America announced their
united opposition to this constitutional solution. The
230 signers include the AFL-CIO, Planned Parenthood,
Greenpeace, La Raza, the NAACP, and Clinton-founded
groups like MoveOn.org. Every one of the 230 groups
depend on a corrupt, runaway federal government to
preserve their power, fill their coffers with taxpayer
dollars, and advance their radical agendas. This kind
of organized opposition means one thing: We are right
above the target and the power source, and they know it.
These organizations share one goal: Keep the disastrous
status quo of our federal government unchanged. A
Convention of States is the only way to stop them.
Read more about the opposition on page 17,
and see the full list of 230 organizations at
www.conventionofstates.com/opposition.
30
8. COS Model
Application
32
9. Possible Amendments
to Consider at a
Convention of States
33
over state energy policy.
• Remove the authority of the federal government
over land use issues within state borders.
• Force the federal government to honor its
commitment to return federal lands to the states.
• At this convention, delegates from the states will
gather for the sole purpose of limiting the power,
size, and spending of the federal government, and
impose term limits on its officials and members of
Congress.
34
10.
Convention of States
Simulation
HISTORIC SUCCESS AS STATE
LEGISLATORS AND DELEGATES
CONVENE FROM ALL 50 STATES
35
2. Term limits on Members of 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. Requiring a supermajority for federal taxes and
repeal of the 16th Amendment.
6. Giving the states (by a 3/5ths vote) the power to
abrogate any federal law, regulation, or executive
order.
If you want to know how an actual Convention of States
will operate, learn more about the simulated convention,
and watch video of the proceedings, go to
www.conventionofstates.com/cos-simulation.
36
11. About Convention of
States Action (COSA)
37
successfully calling a Convention. We are building
a political operation in all 50 states, recruiting at
least 100 citizens in every state legislative district
in the nation.
Contact information: COS Action, 100 Congress Ave,
Suite 2000, Austin, TX 78701
540-441-7227
[email protected]
38
12. Get Involved
JOIN US IN MAKING HISTORY
39
12.2. Volunteer
Volunteering is the easiest way to get involved in the
fight in your state. As a volunteer, your primary tasks
will be contacting your state legislators and asking
that they support the Convention of States resolution,
spreading the word about Article V to your friends and
family, and attending legislative meetings at your state
capitol. You can commit as much or as little time as
your schedule allows — we’re just excited to welcome
you aboard! For more information, visit:
www.conventionofstates.com/take_action.
Our volunteer teams are another great way to become
involved. The Social Media Warriors spread the
word online; the State Follow-up Team welcomes new
volunteers; the Chat Team works with the online chat
tool; and the Quick Response Team contacts volunteers
in states around the country and encourages them to call
or email their state legislators. For more information,
visit: www.conventionofstates.com/take_action
12.3. Be a Leader
We have leadership positions to fit any skill set. Visit:
www.conventionofstates.com/take_action and apply to
be a:
• State Director
• District Captain
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• Veterans Coalition Director
• State Videographer
• Digital Marketing Coordinator
• Legislative Liaison
• Coalitions Director
• State Media Liaison
• State Tech Assistant/Manager
• State Grassroots Coordinator
12.4. Spread the Word
Share this booklet with a friend, family member,
or elected official. And visit us online for more
information at:
[email protected]
facebook.com/conventionofstates
instagram.com/conventionofstates
twitter.com/COSProject
(540) 441-7227 (to request a speaker)
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CONVENTION OF STATES
PETITION
Make photocopies of this form for you and others to sign.
Mail signed copies to Convention of States Action, 1464
Morena Blvd., San Diego, CA 92110.
Sincerely, Date:
100 CONGRESS AVE // SUITE 2000 // AUSTIN, TEXAS
78701 // 540 - 441 - 7227 // [email protected]