Walls are physical, metaphorical or fictional. Ten years ago, a metaphorical wall would impose itself during conversations about an Article V convention [FN40] & assurances a convention can be limited to one or two issues. [FN41] To an objection, the other person grins, shakes 1/23

their head, then loses the grin at cites to historical precedent. People who are scared of an Article V convention usually cite precedent. On 2/20/1787, Congress authorized “a convention” of delegates appointed by the States to meet “for the sole and express purpose of 2/23

revising the Articles of Confederation” & report to Congress & the legislatures “such alterations and provisions.” [FN42] The delegates scrapped the Articles of Confederation, and produced the Constitution. 3/23

David Barton advocates for an Article V convention. [FN43] [FN44]
Barton’s 1st argument & sub-point are:
“1. The original Constitutional Convention was not a runaway convention.”
a) “ the delegates did not ignore their state’s instructions about revising the Articles of Confederation” [FN45] 4/23

-As often is the case, Barton asserts without citation to any authority in support.
-His statement that delegates “did not ignore their state’s (sic) instructions” does not refer to a specific state, delegation, or instructions. States [FN46] enacted measures for appointment. 5/23

Several States acted before 2/20/1787. Virginia. [FN47] called for Deputies to join “in devising and discussing all such alterations and further provisions” to render the Federal Constitution adequate.” Neither “Articles of Confederation” nor “amend” is mentioned. [FN48] 6/23

New Jersey, [FN49] Pennsylvania, [FN50] North Carolina, [FN51] Delaware, [FN52] and Georgia [FN53] enacted authorizations w/similar phrases and before 2/20/1787, Delaware noted one exception. [FN54] States that passed enactments after 2/20/1787 were 7/23

New York, [FN55] Massachusetts, [FN56] South Carolina, [FN57] Connecticut [FN58] with enactments using Congress’s phrases. Maryland [FN59] and New Hampshire [FN60] acted after the Philadelphia convention had begun & they followed Congress’s language. [FN61] 8/23

Rhode Island [FN62] explained that it had not sent delegates because, in part, a convention was not consistent with the amendment process required by Article XIII of the Articles of Confederation wasV of the Its act specifically prohibited. [FN63] 9/23

There is no indication that anyone said thinks were spiffy: Next up: there was only a rush to get it all done. I’ll cover that tomorrow. Hey! Wait! I didn’t give an example of a fictional wall. That’s easy. It’s the one trump had built on the border w/Mexico! 10/23

Footnotes:
FN40. “The Congress ... on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments...” U.S. Const., Art. V. 11/ 23
FN41. The two most popular picks for amendments are a “balanced budget” and term limits for members of Congress and federal judges. I already called my ANTIFA section chief, who assures that these are neither our people nor “deep State” plants.
FN42. Proceedings [in Congress], 1 Elliott’s Debates pp. 119-20. 12/23

FN43. David Barton, “An Article V Convention for the States,” WallBuilders, 5/29/23, accessed 5/26/23.
FN44. “David Barton has spread the damaging idea that the separation of church and state is a myth. His historical writings have helped provide a respectable veneer for the rise of radical-right religious ideology over the past several decades.” SPLC, accessed 5/26/26. 13/23

FN45. Id., at note 43.
FN46. Virginia, Pennsylvania, and Massachusetts denominate themselves each as a “Commonwealth.” That has no effect on their status that in any way noted in the relevant proceedings. See, Black’s Law Dictionary, Pocket Ed., 1996, p. 114. 14/23

FN47. Virginia, “An Act Authorizing the Election of Delegates, 23 November1786,” Center for the Study of the American Constitution, accessed 5/27/26.
FN48. Id.
FN49. New Jersey, “Resolution Authorizing and Empowering the Delegates, 24 November
1786,” Center for the Study of the American Constitution, accessed 5/27/26. 15/23

FN50. Pennsylvania, “An Act Electing and Empowering Delegates, 30 December1786,” Center for the Study of the American Constitution, accessed 5/27/26. 16/23

FN51. North Carolina, “An Act Authorizing the Election of Delegates, 6 January1787,” Center for the Study of the American Constitution, accessed 5/27/26.
FN52. Delaware, “An Act Electing and Empowering Delegates, 3 February 1787,” Center for the Study of the American Constitution, accessed 5/27/26. 17/23

FN53. Georgia, “An Act Electing and Empowering Delegates, 10 February 1787,” Center for the Study of the American Constitution, accessed 5/27/26.
FN54. Although Delaware added: “such Alterations, or further Provisions or any of them, do not extend to that Part of the Fifth Article of the Confederation of States,” for each State shall have one Vote.” Id. at note 52. 18/23

FN55. New York, “Assembly and Senate Authorize Election of Delegates, 26–28 February, 1787.” Center for the Study of the American Constitution, accessed 5/27/26.
FN56. Massachusetts, 7-9 March 1797, Center for the Study of the American Constitution, accessed 5/27/26. 19/23

FN57. South Carolina, “An Act Authorizing the Election of Delegates, 8 March1787,” Center for the Study of the American Constitution, accessed 5/27/26.
FN58. Connecticut, “Act Electing and Empowering Delegates, 17 May 1787,” Center for the Study of the American Constitution, accessed 5/27/26. 20/23

FN59. Maryland, “Act Electing and Empowering Delegates, 26 May 1787,” Center for the Study of the American Constitution, accessed 5/27/26.
FN60. New Hampshire, “Act Electing and Empowering Delegates, 27 June 1787,” Center for the Study of the American Constitution, accessed 5/27/26. 21/23

FN61. Maryland added a preclusion similar to Delaware’s in regard to the Fifth Article of the Confederation of States, “for each State shall have one Vote.” 22/23

FN62. Rhode Island, “Rhode Island’s Reasons for Refusing to Appoint Delegates
15 September 1787,” Center for the Study of the American Constitution, accessed 5/27/26.
FN63. “Protest of the Newport and Providence Deputies 15 September 1787,” Center for the Study of the American Constitution, accessed 5/27/26. 23/23