Wednesday, May 30, 2018

Another Article V Convention of States Myth Busted


Louisiana’s General Assembly has passed a Commissioners Selection Resolution for an Article V convention of states. This resolution provides rules and guidelines for delegate selection and participation. Here is an excerpt from the Convention of States Project:

The COS Louisiana team helped write and support the resolution, which establishes rules that will apply to any convention of states called to propose amendments to the U.S. Constitution under Article V.

The resolution provides for the selection and authority of commissioners representing the state when a convention is called to propose amendments to the U.S. Constitution under Article V.


This resolution says Louisiana will send five commissioners (aka delegates) to the convention, all selected by the state legislature. Three alternates will also be selected in the same way. Citizen representation will be included, because at least two delegates may not be members of the state legislature.


The commissioners from Louisiana cannot be federal government representatives, because no person will be eligible who is a member of Congress, an employee of the United States, or an employee or other representative of a contractor with the United Sates. Additionally, any Louisiana elected official holding a statewide elected office is not eligible to be a commissioner.


The resolution also provides for legislative control over the commissioners. The resolution specifically establishes “the duty to abide by instructions established by concurrent resolution of the legislature for participation in the convention.”



Publius Huldah, a convention of states opponent, claimed that States had to apply to Congress for a convention and that only Congress can pick delegates, set the rules, and approve amendments. Louisiana just proved her wrong. How can the federal government be involved when this resolution forbade its participation? 

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