Some people think Congress will propose a BBA itself, rather than let the states do it in an Amendment Convention. That’s how we got the 17th Amendment. This could happen if we get to 32 or 33 in June of 2015, and Congress has six months to react before the 2016 state legislative sessions begin.
I hope that doesn’t happen. To get the votes of thirteen Senate Democrats I think you’d have to water a BBA down. We’d get a better product from a Convention. But, mainly, for me, I just want an orderly, successful Convention. For the first time in our history the states would finally be exercising their supervisory role over the federal government. And once it happens, it will happen again. And again.
If we pull it off, and get to 34 this year, Congress wouldn’t be able to stop a Convention by passing its own BBA. There’s nothing in Article V that says that Congress can avoid its responsibility to call the Convention by passing its version of what’s being sought at the Convention. That’s bullshit. For something simple, like repealing the 16th or 17th Amendments, it might make sense. But a Congressional BBA and a Convention BBA are totally different animals.
Come to think of it, there might be a push to pass a BBA in Congress this year. Why wouldn’t Boehner give it a go? He only needs 43 D votes to pass it. Highly unlikely, but a good issue.
Washington will be a mess in a month. Obama overestimates the strength of his position. And he doesn’t know how to negotiate. It’s a lot of work, something that has no appeal for him. No negotiation, no deals. Fine with me.
Article V thrives on Washington dysfunction.