Just last week, the Supreme Court ruled in favor of the Affordable Care Act and legalized gay marriage in all 50 states. Both decisions have conservatives looking for an alternative way to shape the government to their liking. Many people opposed to the recent SCOTUS rulings are calling for a convention of states in response.
Though support for a modern-day convention is fairly new. the convention of the states is not a new idea. The last time a convention of states was held in the United States was during our founding. Supporters of the convention are hoping that it will allow for the states to restrain some of the federal government’s power.
Since the Friday ruling in favor of gay marriage, 2016 Republican hopefuls have shown their varying opinions on what to do next. Politico summarized some of the big GOP candidates opinions on the issue.
“Ted Cruz called for impeachment. Bobby Jindal said he’d ‘just get rid of the court’ entirely. Scott Walker floated a Constitutional amendment. Mike Huckabee hinted at civil disobedience.”
As the New York Times reported, Wisconsin Governor Scott Walker expressed his support for a convention of the states in response to SCOTUS ruling in favor of gay marriage. Governor Walker said that an amendment to the constitution is the only way to undo the Supreme Court’s ruling. Scott Walker is expected to run for the Republican presidential nomination.
I believe SCOTUS’ decision is a grave mistake. 5 unelected judges have taken it upon themselves to redefine the institution of marriage.-SKW
— Scott Walker (@ScottWalker) June 26, 2015
Other popular conservative personalities, like Katie Pavlich, have also shown their support for a convention of the states in the wake of the same-sex marriage ruling. Since a convention of the states is the only real way to undo what the court has done, you can expect many more conservative politicians and commentators to call for the convention.
According to conventionofstates.com, Article V of the Constitution is where the states get their power to call a convention.
“A convention of states is a convention called by the state legislatures for the purpose of proposing amendments to the Constitution. They are given power to do this under Article V of the Constitution. It is not a constitutional convention. It cannot throw out the Constitution because its authority is derived from the Constitution.”
The process of calling a convention of states can be a lengthy one. Before a convention can be held, at least 36 states must submit an application to Congress. If all 36 pass an application through their state legislators and send it to Congress, a convention would have to be held. It should be noted that each state must state the same reason or set of reasons for calling a convention.
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