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COS Convention Proposals Face Ratification
Unencumbered by the
requirements for electoral selection or participation by the people the
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
from all 50 states overwhelmingly approved six
amendment proposals far in excess of the required two thirds approval vote
mandated by the
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
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
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.
Page Last Updated: 5-March 2017