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COS_Letter.txt
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1996-07-08
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143 lines
From the Radio Free Michigan archives
ftp://141.209.3.26/pub/patriot
If you have any other files you'd like to contribute, e-mail them to
bj496@Cleveland.Freenet.Edu.
------------------------------------------------
The following is a text transcript of a *VERY IMPORTANT* letter faxed to our
national headquarters. We would be happy to fax a copy of the letter to
any requests. Call (217) 854-4008.
COUNCIL on DOMESTIC RELATIONS
P.O. Box 138
Carlinville, Illinois 62626
Voice: (217) 854-4008 / (708) 471-6747
Fax: (217) 854-4343
E-Mail: 73543,2304@compuserve.com
____________________________________________________________________________
[LETTERHEAD]
The Florida State University
Tallahassee, Florida 32305-1063
"College of Law"
[BODY]
March 10, 1995
Mr. Eric J. Thorn
Legislative Analyst
House Republican Office
323 The Capitol
Tallahassee, FL 32399-1300
Dear Mr. Thorn,
This is in response to your inquiries regarding HCR 1401, which
calls for the convening of a "Conference of States" and would authorize
Florida's participation in such a conference. As professors of
constitutional law at the Florida State University College of Law, we are
extremely troubled by the possibility that this proposed Conference could be
construed as an application for a constitutional convention under Article V
of the United States Constitution. Such a convention could evolve into a
wholesale assault on our Constitution, and lead to proposals for destroying
our present constitutional system. The history of the 1787 constitutional
convention indicates that once a constitutional convention is convened, the
delegates to that convention could expand the agenda of the convention
beyond its original purposes, dictate their own rules for the ratification
of the convention's proposals, and therefore circumvent the fairly strict
requirements of Article V. Moreover, again using the 1787 experience as our
model, no external authority -- neither Congress, the courts, nor states
that disagree with the convention's proposals -- would have the legal
authority to reject the convention's decisions if the convention itself
deemed those decisions binding on the entire country.
Our conclusions about the dangers of the "Conference" proposed in
HCR 1401 are not mitigated by the ambiguous phrasing of the proposal, nor by
the final subsection stating that the Concurrent Resolution "does not
constitute an application by the Legislature of the State of Florida for the
calling of a federal Constitutional Convention within the meaning of Article
V of the United States Constitution." It is essential to keep in mind that
the "Conference of the States" could define its objectives for itself, and
could reject preexisting limitation on its authority, just as the 1787
convention abandoned the limitation imposed on it by the Articles of
Confederation. The broad language of the Concurrent Resolution authorizes
the Conference to "reform the Federal Government" and authorizes conference
delegates to "propose, debate and vote on elements of an action plan to
restore checks and balances between the states and the national government."
These broad mandates could easily be construed by the Conference as
providing it the authority to fundamentally revise our existing
constitutional structure.
It is the strange (and dangerous) nature of a constitutional
convention that it defines its own objectives and sets the guidelines for
its own success. Once a constitutional convention begins, the only limit on
its power is political. The federal courts have consistently refused to
entertain questions regarding the legitimacy of constitutional amendments
(see Coleman v. Miller, 307 U.S. 433 (19139)). Therefore, a new
constitutional convention presents the disturbing prospect of many different
political bodies -- the Conference, the existing federal government,
dissenting states -- all vying for preeminent political authority without
the possibility of judicial review to settle the dispute peacefully. This is
truly a recipe for a constitutional crisis, and the destabilizing effects of
such a crisis would reach into every aspect of our political, legal, and
economic life.
We emphatically urge the Florida legislature to reject CDR 1401, or
at the very least to postpone the decision of the concurrent resolution
until the legislature has given careful and detailed consideration to the
many potentially disastrous implications that accompany even an ambiguous
call for a constitutional convention. The United States Constitution is the
greatest political document since the Magna Carta. Much of this country's
strength and international moral authority are attributable to the
Constitution's careful balancing of rights, responsibilities, and powers.
Joining a "Conference of States" as defined in HCR 1401 is the first,
radical step down a very slippery slope toward upsetting that balance. We
urge you to resist taking that step.
Sincerely,
[signature]
Steven G. Gey
"John W. and Ashley E. Frost"
"Professor of Law"
[signature]
Nat Stern
"Professor of Law"
*************************************************************************
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------------------------------------------------
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