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Lt Gov calls for Constitutional Convention. Says lawsuits & Repeal won’t work.

By: tngal (Diary)  |  March 30th, 2010 at 10:41 AM  | 

RESIZE: AAA

Andre Bauer is the Lieutenant Governor of South Carolina. Yesterday he sent a letter to the General Assembly of that fine state asking for his lawmakers to support a resolution callilng for constitutional convention. In his letter, he explains why he feels repeal won’t work (Veto) and lawsuits {he is told) will not be successful. I have taken some pertinant graphs from the letter for your enjoyment.

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While there are other steps being considered, I am not certain that any of them can be successful. Planned lawsuits, I am informed by legal experts, will not likely be successful. Repeal efforts, while noble, would most certainly be vetoed by the President, and upheld by his congressional majority. State legislative “nullification” actions will almost certainly be overturned by the courts.

As I have carefully researched this matter to find a solution, I have found but one sure-fire way to overturn the new socialized medicine law: a constitutional convention, called for by the states, as provided for in Article Five of the United States Constitution.

I am asking you to support a legislative resolution calling for a constitutional convention, hopefully by joining as a sponsor of the resolution which, at my request, is already being prepared by Senators Campbell and Cleary in the Senate, and Representatives Frye and Scott in the House.

If we in South Carolina, along with 33 other state legislatures, pass a resolution calling for a national constitutional convention, we will be able to make amendment to the constitution to reverse the dangerous action taken by Obama and Congress, which will then need to be ratified by 38 state legislatures.

While this action is bold, it is nonetheless an actual, workable solution. (As you may recall, this is the same action that Senator McConnell, probably our state’s foremost legislative authority, suggested to help solve the illegal immigration stalemate.)

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Ok. You can dind his full letter here http://andrebauer.com/

Now, I know earlier I had posted a diary about medical professionals who are filing suit. Then read this and felt compelled to pass it on because this is something WE CAN RALLY behind. It will be very hard but it is doable.

I know repeal is the big word of the day. But Bauer’s reasoning is logical. I don’t think we should give up on lawsuits, or repeal attempts, rather view this as a call to action to contact our legislators. Bauer’s on the phone calling other states now. Shouldn’t we be trying to reach our people as well?

COMMENTS

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  • http://www.criterionchemical.com Chemical Sam

    I’d like to see lots Amendments of the “Congress shall pass so Law…” variety prohibiting:

    –government control of the means of production (bye bye socialism,bye bye welfare bye bye government takeovers, hello free market, hello charities)

    –federally mandated entitlements (bye bye Social Security, bye bye Medicare/Medicaid, hello insurance privatization, hello personal financial control)

    and Amendments explictly stating:

    –the absolute sovereignty of the citizens of the United States (bye bye foriegn courts, bye bye UN, bye bye illegal immigrant amnesty, hello control over our own borders, treaty and trade policy)

    –the primacy of genetic parenthood (bye bye gay “rights”, bye bye government intrusion in the home, hello tighter control of adoption, hello personal responsibiilty)

    –the ability of the People to remove its officers from power at the level of representation (US officers are nationally recallable) (bye bye safe disctricts, bye bye politicians you couldn’t vote for/against and you can’t petition for recall, bye bye Ninth Circuit untouchability, hello honorable, upstanding representatives)

    –the requirement that taxation be held to a duly elected fraction of GDP (hello government catalysis of production, hello competition, bye bye cap and trade, bye bye excessive taxation bye bye federal funding of just about everything it shouldn’t have its paws in).

    –the requirement that the enumeration of the People in the decennial Census be restricted to living legal citizens of the United States. (bye bye vote stacking, bye bye voter fraud)

    Problems (including Obamacare) solved.

    • eastbaylarry

      However, changes to the constitution must be approached very carefully. If the progressives add ANY verbage, it will be to this countrys’ detriment.

      That said, this should be persued if for no other reason than to show the level of opposition this administration is generating and the measure of resolve that ‘We The People” have to stemming these ‘fundamental changes’.

      • tngal

        A constitutional convention would be tantamount to us bringing a howitzer to the healthcare fight. It would be the biggest thing we have in getting rid of the whole thing, and agreed, it should be very carefully worded. It is perhaps the largest thing which can be done, but boy would it focus attention on that nasty piece of work.

  • louisiana

    I think it can be done in LA. The problem is logistics. There would have to be an organization within each state to “encourage” state legislators to go this route, if it was not supported by the GOP. Right now the GOP is all in on repeal & state lawsuits. The question is, which course of action will take the least amount of time, with the highest probability of success. Tngal, keep us updated. The clock is ticking.

  • caseoftheblues

    …wouldn’t they just ignore tor twist this too??

  • avgjo

    contrary to what many think, no legal limits exist on the extent to which a constitutional convention can alter the constitution. The bill of rights is up for grabs. Everything. I actually posted on this guy, and asked everyone here to call him and tell him to shut up.

    do you want ANYONE in government now tampering with the constitution?

    if you want to amend it, amend it. do not fall for the constitutional convention trash.

    it would destroy america. period.

    • billwalker

      This person doesn’t know what he’s talking about. Article V specifically limits a convention to amend proposals only. It cannot write a new Constitution. All 50 states have already submitted over 700 applications for an Article V Convention far in excess of the 34 applications required to cause Congress to call a convention. The applications can be read at www.foavc.org.

      • avgjo

        Before you go off spouting half-informed opinions, read the scholarly literature on this. I’m almost finished with my first degree, in political theory. I have read the stuff.

        Article V provides no authority to anyone to limit the scope of such a convention. That’s part of the big controversy among those who
        ACTUALLY know. The consensus is that Congress has no such authority, but that the states do. Well, we all know that states are hard to corrupt, just ask George Soros, with his secretary of state program. Do you honestly think there are enough statesmen in our various states who would pass up the opportunity to rewrite the Constitution in their image? Perhaps, but I’d rather not risk it.
        There is a consensus because it is nowhere explicitly outlined in the Constitution.
        I know many on the left and right love the idea of a con-con because they see it as an opportunity to right legislative wrongs or grind ideological axes.
        It’s a dangerous idea, especially in an age so lacking in statesmen.