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Texas Legislature Calls for Convention of the States to Amend U.S. Constitution

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The controversial SJR 2, which passed the Senate in February, has received final approval from the Texas House.

The resolution will be forwarded to the United States Congress, petitioning them to call for a Convention of the States under the authority of Article V of the U.S. Constitution.

Article V reads:

“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”

If Congress receives 34 applications from the states, they are supposed to call a convention. Texas is the 11th state to pass the resolution.

If this ever happens, the states will send delegates to the convention to propose amendments to the U.S. Constitution. If the Convention approves those amendments, they will be presented to the American people.

From there, 38 states must approve of an amendment to officially ratify it.

It’s all a very theoretical process because it has never happened in the history of the U.S. Constitution.

The last time the states sent delegations to a convention like this, it was under the Articles of Confederation. At that convention, the delegates decided to abolish the Articles and create the Constitution.

Because of the lack of precedent, and the current polarized nature of American politics, the idea is controversial among the grassroots.

Conservatives in particular are divided.

There is grave concern that left-wing delegates would attempt to amend the Constitution to repeal the Second Amendment, or create a nationalized, government-run healthcare program, or create special protections for LGBT interests.

Proponents of the Convention argue that such amendments would not be acceptable to enough states, and that therefore those fears would never materialize.

For a more thorough analysis of the resolution and arguments for and against, CLICK HERE and read our previous write-up.

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