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COS Convention Proposals Face Ratification

Unencumbered by the requirements for electoral selection or participation by the people the Convention of States Project held a convention for proposing amendments in Williamsburg, Virginia September 21-23, 2016 billed as a "simulated" convention but in fact, was a "real" convention. Official state representatives from all 50 states overwhelmingly approved six amendment proposals far in excess of the required two thirds approval vote mandated by the Constitution.

However due to a legal oversight, the convention neglected to transmit their amendment proposals to Congress to begin the ratification process
required by Article V. Bill Walker, co-founder of FOAVC corrected this error and sent a letter to the Clerk of the House of Representatives requesting the proposed amendments be assigned modes of ratification. The Constitution does not permit Congress to refuse a mode of ratification for a proposed amendment coming from a convention. According to information received the letter is on the desk of Speaker of the House Paul Ryan, who is on record as opposing an Article V Convention (See: Page 7). The letter may be viewed by clicking on the images below or can be viewed in pdf format here.

Walker stated, "The Convention of States Project caused state laws for a "Convention of States" to be enacted in three states. These laws have effect all 50 states under full faith and credit. The convention was attended by official state officeholders identified at the convention in their official capacity thus officially representing their states. The laws excludes election of delegates by the people. The law makes no allowance for a "simulated" convention. In all respects therefore the convention was not "simulated" as asserted by COS but in fact an official convention held in full compliance with the laws of this nation regarding an Article V Convention."

Walker stated there was no difference between how the "simulated" convention operated and the "real" convention called for in the state laws. The state laws, he said, do not permit a "simulated" convention where current official officeholders are present representing the states in their official capacities. As to submitting the applications, Walker noted none of the state laws provide for this necessary step meaning any proposal made by a COS Convention, "real" or not can never be ratified under current state law. "I merely helped them along," he said. He noted under the terms of Article V in order to get the six proposed amendments ratified will require 228 favorable votes in the various states.

Whether the proposed amendments will even be presented to the states for ratification is doubtful. Speaker of the House Paul Ryan is on public record as opposing any convention and recently won an appeal in the District Court of Appeals denying a request Congress call a convention. It is likely any this convention's proposed amendments will be ignored by Congress in violation of the Constitution. Speaker Ryan's office has thus far refused to make a public statement on the matter.

Mr. Walker's letter letter to Congress can be read below. Click on images to enlarge.


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Page Last Updated: 5-March 2017