There have been some who have said that we need to call a Constitutional Convention to bring forth term limits, protect some right, or pursue some other worthy cause via Constitutional amendment. Of course, others have wondered if such a convention would choose to disregard our current Constitution and forge a new one, as the first Constitutional Convention did. One then has to wonder what such a new Constitution would say. However, all the speculation that I have heard ended there.
Let us ask a few further questions:
Would the proceedings be open to public viewing or scrutiny?
Would the proceedings be in secret?
If such a new Constitution were produced, what means would be set to ratify it?
Would the drafting of a new Constitution nullify the old one, even if the new one were rejected?
Would the drafting of a new Constitution dissolve the union?
What about a new Constitution that was not ratified:
How long would the possibility of ratification remain?
Again, would the old Constitution be nullified or the union dissolved?
What about a new Constitution that was ratified:
Would a state that refused to ratify be bound by the new Constitution?
Would they be out of the union?
Would they be forced to obey a Constitution that they rejected?
Before dismissing any of this as idle speculation or stupid questions, let’s remember that we are in uncharted territory here. Anything could happen at a Constitutional Convention.
These questions and others need to be considered before an action as drastic as a Constitutional Convention is considered.
Personally, I hope it never comes to that.
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