About 35 Republicans Voted Against A Conventional Convention of Any Kind in 2009 (Names listed below)
Evidently this bill, TO CREATE THE RUNAWAY CONVENTION PREVENTION ACT. SB1156, is designed to lay the groundwork for a call for a Constitutional Convention to be called by the legislatures that the sponsor Jason Rapert filed in last legislative session that he eventually pulled. However, this bill is futile. Read Chief Justice Warren Burger’s quote below and the Supreme Court findings say the powers of the delegates can’t be limited or restrained by the legislature. See quotes below. The fact that the bill is being presented proves there are real dangers in calling any type of Constitution Convention in any form. Even if Arkansas passed this bill and IF (big if) it were valid, all other states would also have to pass it in order for it to be effective since delegates from all states would be involved. See full bill at this link:
Note also the quotes from a bill (quotes below) below that almost all Republicans in the House voted for (see names below) that “rescinds its application for the calling of a constitutional convention for any purpose because “legal experts believe...the call of said convention, would have within the scope of its authority the complete redrafting of the Constitution of the United States,” as well as for other stated reasons. The Democrats killed the bill. (See quotes from bill below and this link for the bill: http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HCR1022.pdf Title of the bill in 2009: “To Rescind The Previous Application By The General Assembly To the Congress of the United States That It Call a Constitutional Convention To Propose An Amendment to the Constitution.” This bill had about 15 Republican sponsors
Quotes by Supreme Court Justice Warren Burger and Supreme Court Findings http://www.newswithviews.com/DeWeese/tom169.htm Tom DeWeese article May 2010.
“And there is more legal proof in support of the argument that delegates are not bound by any instructions or resolutions from the states. First, of course, is the famous letter written by former Supreme Court Justice Warren Burger to Phyllis Schlafly, President of Eagle Forum. In the letter Burger writes, "...there is no effective way to limit or muzzle the actions of a Constitutional Convention. The convention could make its own rules and set its own agenda. Congress might try to limit the convention to one amendment or to one issue, but there is no way to assure that the convention would obey. After a convention is convened, it will be too late to stop the convention if we don’t like its agenda. The meeting in 1787 ignored the limit placed by the confederated Congress..."
“And there is more legal documentation proving that Congress or the states can control the agenda of a Con Con. Corpus Jurus Secundum is a compilation of State Supreme Court findings. The following is the collection of findings regarding the unlimited power of the delegates attending a Con Con. (From Corpus Jurus Secundum 16 C.J.S. 9) “The members of a Constitutional Convention are the direct representatives of the people (1) and, as such, they may exercise all sovereign powers that are vesting in the people of the state. (2) They derive their powers, not from the legislature, but from the people: (3) And, hence, their power may not in any respect be limited or restrained by the legislature. Under this view, it is a Legislative Body of the Highest Order (4) and may not only frame, but may also enact and promulgate, Constitution. (5)” The footnote numbers after the citation quoted reference the particular cases from which the citations were made. (1) Mississippi (1892) Sproule v Fredericks (11 So. 472); (2) Iowa (1883) Koehler v Hill (14N.W. 738); (3) West Virginia (1873) Loomis v Jackson (6 W. Va. 613); (4) Oklahoma (1907) Frantz v Autry (91 p. 193); (5) Texas (1912) Cox v Robison (150 S.W. 1149).”
Clearly, the position put forth by Fruth, and ALEC, that state legislatures can pass a resolution dictating the rules of the Con Con is simply wrong.
Quotes from bill in 2009 calling for rescinding vote for call of Constitutional Convention http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HCR1022.pdf Title: To Rescind The Previous Application By The General Assembly To the Congress of the United States That It Call a Constitutional Convention To Propose An Amendment to the Constitution To Balance the Public Debt.
WHEREAS, many legal experts believe that a convention, notwithstanding
10 whatever limitation might be placed upon it by the call of said convention,
11 would have within the scope of its authority the complete redrafting of the
12 Constitution of the United States, thereby creating a great danger to the
13 well-established rights of our people and to the constitutional principles
14 under which we are presently governed; and
16 WHEREAS, the Constitution of the United States has been extensively
17 interpreted and has proven to be a basically sound document which protects
18 the freedom of all Americans; and
20 WHEREAS, there is no need for a new constitution, the adoption of which
21 would create legal chaos in America and only begin the process of another two
22 centuries of litigation over its interpretation by the courts; and
24 WHEREAS, such changes as may be needed in the present Constitution of
25 the United States may be proposed and enacted by the well-established methods
26 of amendment contained therein,
28 NOW THEREFORE,
29 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL
30 ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN:
32 THAT the General Assembly does hereby rescind its application to the
33 Congress of the United States made by the General Assembly in 1979 by House
34 Joint Resolution 1 pursuant to Article V of the Constitution of the United
35 States for the calling of a constitutional convention for any purpose,
Almost all Republicans voted for this bill to rescind the call for Constitutional Convention in 2009 (see list below) but the Democrats killed it. 52-32 (Long before we had the number of Republicans we have in the Legislature now.) See this link for votes: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/Votes.aspx?rcsnum=3729&votechamber=House
Posted by Women Action Group March 19, 2013