Publius Huldah replied on Permalink
Infighting, Legal Questions Slow ALEC Push for Second Constituti
It is True that delegates to an Article V convention have the "self-evident right" (acknowledged in the 2nd para of our Declaration of Independence) to throw off the Constitution we have and set up a new Constitution which creates a new government. James Madison specifically invoked this right in Federalist Paper No. 40 (15th para) as justification for what they did at the federal "amendments" convention of 1787. Instead of proposing amendments to the Articles of Confederation as they had been instructed to do, they wrote a completely new Constitution which created a new government. That is why Madison "trembled" at the prospect of an Art. V convention; why Alexander Hamilton "dreaded" one; and why 4 Supreme Court Justices (John Jay, Arthur Goldberg, Warren Burger, Antonin Scalia) warned against it.
And the central claim of the COS lobby is idiotic! They claim the remedy for a government which IGNORES the Constitution is to AMEND the Constitution. Hello?
