These are the times that try mens souls.
"Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.
Similar legislation is pending in 37 other states.
Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states.
But the state measures reflect a growing frustration with President President Barack Obama's health care overhaul. The proposal would cover some 30 million uninsured people, end insurance practices such as denying coverage to those with pre-existing conditions, require almost all Americans to get coverage by law, and try to slow the cost of medical care nationwide.
Democratic leaders hope to vote on it this weekend.
With Washington closing in on a deal in the months-long battle over health care overhaul, Republican state lawmakers opposed to the measure are stepping up opposition.
Otter, a Republican, said he believes any future lawsuit from Idaho has a legitimate shot of winning, despite what the naysayers say.
"The ivory tower folks will tell you, 'No, they're not going anywhere,' " he told reporters. "But I'll tell you what, you get 36 states, that's a critical mass. That's a constitutional mass."
AP
:...The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about."
U.S. Constitution.net
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The reason a convention has never been held in this nation is Congress refuses to call the convention. The public record shows all 50 states have submitted over 700 applications for an Article V Convention call. The applications can be read at www.foavc.org.
ReplyDeleteJust as Congress, a convention can propose amendments. However, there are both political and constitutional limitations which make it nearly impossible for radical amendment proposals to become part of the Constitution. In the first place, just as Congress, a convention must pass a proposed amendment by two thirds vote. Second, all proposed amendments must be ratified by 3/4ths of the states. These are huge numbers politically and unless an amendment has wide support it will not achieve this.
A simple reference to congressional record proves the point. Over 10,000 proposed amendments to the Constitution have been placed in Congress. Only 27 in over 200 years have made it. That is less than .00027 chance of getting passed. Not high odds.