Once again, Jim LeMunyon and others in the General Assembly are pushing for Virginia to adopt a call for a Constitutional Convention, as detailed in Article V of the Constitution. There is even a large group pushing for such a thing, calling them themselves the “Convention of the States”, no doubt playing on conservatives’ longstanding support of federalism, a concept long since abandoned by the American left, except when (rarely) support for it temporarily suits their purposes.
The current push for an Article V convention gets a lot of its impetus from ALEC, which has a somewhat conservative reputation. Their point man on this issue is Robert Natelson, who purports to be the foremost expert on the legal and Constitutional issues involved. He makes the claim that an Article V convention can be restricted in its scope or methods. Further, he claims that Congress cannot alter the rules of the convention. Both assertions, in point of fact, are not true.
The truth is that there is simply no way to predict what rules Congress may or may not insist on for the convention. But even if we do get the “one state, one vote” espoused by the people pushing the convention, there is no method to effectively limit the scope of the convention, and no guarantee that a convention ostensibly called for the purposes of say, a balanced budget amendment, doesn’t end up repealing, say, the Second and Tenth Amendments. There is but one example of such a convention in American history, and it certainly exceeded its assigned duties, to say the least.
Just say NO to an Article V convention.