Because we are a representative republic, citizens elect candidates to represent them in a political deliberative assembly, being a library board, city council, or some state and federal office, to name a few. Although the elected representative is expected to carry into the deliberative assembly the political culture of his or her constituents, once officiating, the elected representative is legally afforded the right to use his or her considered judgement in resolving issues brought before them for a vote.
Recent events on “talk radio” and cable news have initiated much discussion about calling an Article V Amendment Convention. Simply stated, Article V of the U. S. Constitution provides for two methods of introducing amendments to the Constitution; either by Congress, or by States. In either case , final state ratification of amendments remains the same for both. Why two methods of introducing amendments? Our Founding Fathers understood human nature very well, that being that Congress would never proceed to introduce an amendment to the Constitution that ceased or diminished its own powers. Although a “call” is required in the case of a state requested Article V Amendment Convention, only Congress may do so. Congress is not authorized to debate the merits of the State submitted amendments, only call the convention.
When an Article V Amendment Convention is held, delegates to the convention are selected as “Representatives” by and of the peoples of the state from which they have been elected. Delegates to the amendment convention are not controlled by Congress, or state legislatures, except in the case of the states, where the state will oversee the nominating and election “procedure.”
Can you see where this is going? The Article V state introduced amendment process shifts to the “people” and away from Congress. Surprise, surprise. Congress has never made a “call” for an Article V convention. However, it may be getting close, which leads us to Indiana.
Just recently, fearing the future, the legislature of the State of Indiana passed into law (Sen. 224 & 225) what is considered beyond doubt by many legal scholars an unconstitutional Act. My reading of the Indiana law requires that SHOULD an Article V Amendment Convention be called by Congress, the Indiana delegates shall be agents of the state, not the state’s people, and if Indiana delegate “agents” do not follow the state’s instructions, they are to be removed from the convention and may be charged with a felony crime. Like, JAIL!
This message of mine is to alert Indiana voters about something they may not know anything about, or were misled about what purpose the Indiana law set out to remedy. Surely there must be someone in Indiana that will sue to reverse the unconstitutional Indiana Act.