Publius-Huldah's Blog

Understanding the Constitution

Mark Meckler’s “COS” Board Member has drafted new Constitution which imposes gun control

By Publius Huldah (Joanna Martin, J.D.)

Our Framers understood that a free State cannot exist without an armed and trained populace (i.e., the Militia). Accordingly, they wrote a Constitution which prohibits the federal and State governments from infringing the natural right of the People to keep and bear arms.

Under our Constitution, the federal government has no authority to make any laws whatsoever over the Country at Large restricting the rights of the People to keep and bear arms. Gun control is not an enumerated power. Furthermore, the Second Amendment expressly forbids the federal government from infringing the right of the People (the Militia) to keep and bear arms.

The States are also prohibited from infringing the right of the People to keep and bear arms by Article I, Sec. 8, clauses 15 & 16, US Constitution. Those two clauses provide for the Militia of the Several States; and implicitly prohibit the States from making any laws which would interfere with the arming and training of the Militiamen in their States. 1

Applications for Congress to call a convention under Article V, US Constitution

But various groups, such as Mark Meckler’s Convention of “States” (COS) organizations, have been lobbying State Legislators to pass applications asking Congress to call an Article V Convention.

Whether or not State Legislatures should ask Congress to call an Article V Convention is one of the most important – and contentious – issues of our time. The Delegates to such a convention, as Sovereign Representatives of the People, have the power to throw off the Constitution we have and propose a new Constitution, with a new and easier mode of ratification, which would create a new government. 2

The Pennsylvania Senators Roundtable Discussion

On November 8, 2021, several Pennsylvania Senators conducted a roundtable discussion about whether they should pass Mark Meckler’s “COS” application (SR 152) for Congress to call an Article V convention. Mark Meckler and his allies were present in support of SR 152. Firearms Owners Against Crime was present in opposition to SR 152. Gun Owners of America was there also. 3

Much of what Meckler said at the roundtable is not true. But this paper focuses on his comments ridiculing his opponents’ concerns that, if there is an Article V convention, we could lose our existing Right to keep and bear arms.

Meckler showed up at the roundtable decked out in gun garb; and, after dropping names to show his connections with gun rights organizations, proceeded throughout the discussion to preen his commitment to “the Second Amendment”. He ridiculed the warnings that if there is an Article V Convention, Delegates would have the power to impose a new Constitution which, among other horrors, strips us of our Right to keep and bear arms without infringement.

Meckler said that Chuck Cooper, a litigator for the NRA, is on COS’s Legal Advisory Board and has written an open letter saying, “…it’s a ridiculous argument that there could be a runaway convention and we could lose our Second Amendment.” [13:31 – 13:57]

A bit later on, Meckler said:

“…Professor Robbie George at Princeton who is considered the foremost conservative constitutional scholar in America is on our Legal Advisory Board. … [43:02 – 43:25]

So who is Professor Robbie George? And who says he is the foremost conservative constitutional scholar in America?

Robbie George (Robert P. George) was on the National Constitution Center’s Constitution Drafting Project. The National Constitution Center is a quasi-official branch of the federal government.

Robbie George and three others have drafted a new Constitution which severely restricts the Right of the People to keep and bear arms! His new Constitution says at Article I, Sec. 12, clause 7:

“Neither the States nor the United State [sic] shall make or enforce any law infringing the right to keep and bear arms of the sort ordinarily used for self-defense or recreational purposes, provided that States, and the United States in places subject to its general regulatory authority, may enact and enforce reasonable regulations on the bearing of arms, and the keeping of arms by persons determined, with due process, to be dangerous to themselves or others.”

So Robbie George’s new Constitution:

  • authorizes the state and federal governments to ban the possession of all arms unless they are “ordinarily used for self-defense or recreational purposes”. Who will decide what arms are “ordinarily” used for self-defense or recreation? The governments will decide.

  • authorizes the state governments and the federal government (in those places subject to its “general regulatory authority”), to enact and enforce “reasonable regulations” on the bearing of those arms they permit us to have. What’s a “reasonable” regulation? The governments will decide; and,

  • authorizes the state and federal governments to strip us of our right to keep even those arms “ordinarily used for self-defense”, if someone in the government (presumably a judge) decides you are a danger to yourself or others.

We live in a time when Christians who read the Bible; People who read the Constitution; and Moms who speak out at School Board meetings against pornography in the schools, mask mandates, or the teaching of critical race theory, are labeled “domestic terrorists”.  Should “domestic terrorists” be allowed to keep and bear arms? Of course not- they are dangerous!

At the roundtable, John Velleco of Gun Owners of America said:

“The questions that we’re dealing with on this is how will this [Meckler’s “COS” application SR 152] impact the Second Amendment? Because that’s, as an organization, that’s all we care about. … So we need to determine if this is something that seriously could impact in a negative way the Second Amendment, then we are compelled to engage 100%. … our bigger issues in Pennsylvania are passing constitutional carry.” [1:07:05 – 1:07:51]

Yet even though Meckler’s Board Member Robbie George had already participated in the drafting of a new Constitution which imposes gun control; and thereby would rescind the Second Amendment, Meckler responded:

“And I will tell you there are 5 Million people in this country … that are signed up for convention of states. Right here, there are 90,000 in this state. 90,000!

The question was asked, will this help pass constitutional carry? The answer is hell yes, it will! Because right now, our activists are very angry with gun rights organizations in this state. And they’ll not support anything that these gun organizations are doing, because they’re now sworn enemies on Article V. … But I will say, on Kim Stolfer’s organization, they should be working with these organizations. Every one of those 90,000 should be signed up with these organizations and members of these organizations fighting for everything they [the gun organizations] want.” [1:21:21 – 1:22:05]

So Meckler, who postures as a “Second Amendment guy” [13:31-13:57] , threatened that unless Kim Stolfer supports Meckler’s SR 152 application for a convention, Mecker’s alleged 90,000 supporters in Pennsylvania 4 will not support anything Kim Stolfer’s gun rights organization does!

Look behind the Curtain

This push for an Article V Convention is the most vicious bait and switch ever perpetrated on the American People. It’s all about getting a new Constitution under the pretext of getting amendments. 5 If Congress calls an Article V convention, Robbie George’s proposed Constitution, or another just as tyrannical, can be proposed. 6 And since any new Constitution will have its own new mode of ratification (such as a national referendum), it’s sure to be approved.

The solution to our political and economic problems is to read and enforce the Constitution we already have. States and local governments and individual Citizens can take a giant step forward by not taking federal funds to participate in unconstitutional federal programs.

And rescind your States’ existing applications for an Article V convention! It doesn’t matter what the ostensible purpose of a convention is, as set forth in a State’s applications. Once the Convention assembles, the Delegates can do whatever they want including approving the Constitution Robbie George participated in drafting, or another Constitution which will also legalize the tyranny which is taking over our Country.

We are to fight tyranny by resisting it; not by legalizing it.

Endnotes:

1 With the Militia Act of 1792, Congress required all able-bodied male Citizens in the Country (with a few exceptions) between the ages of 18 and under 45 to buy a rifle, bayonet, ammo & ammo pouch, and report to their local Militia Unit for training. States may not lawfully do anything to interfere with this constitutional grant of power to Congress.

2 This is shown in these flyers:

3 These are two large gun rights organizations. John Velleco and Val Finnell appeared for GOA; Kim Stolfer of Pennsylvania appeared for Firearms Owners Against Crime.

4 It should be enlightening to ask Meckler to provide documentation of his claim to have 90,000 supporters in Pennsylvania. Legislators in other States have looked behind the curtain and found “COS” claims of support to be false: See Phony Petitions and Polls.

5 James Madison expressly warned of this stratagem: See this flyer at footnote 2.

6 Altogether, the National Constitution Center has three proposed new Constitutions. All of them transfer massive new powers to the new federal government.

Additional proposed Constitutions are discussed here.  One of them, the Constitution for the Newstates of America, was produced some 60 years ago [and factions have been pushing for an Article V convention ever since]. Under the Newstates Constitution, the States are dissolved and replaced by regional governments answerable to the new national government. Article I, Part B., Sec. 8 provides that the People are to be disarmed. Article XII, Sec. 1, provides for ratification by a national referendum – so whoever controls the voting machines will determine the outcome.

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December 18, 2021 Posted by | "convention of states", armed citizens, Article V, Article V Convention, Constitution Drafting Project, constitutional convention, convention lobby, Convention of States project, COS, gun control, Mark Meckler, Militia, National Constitution Center, Red Flag Laws, Robbie George, Robert P. George, runaway convention, Second Amendment | , , , , , , , , , , , , , , , | 42 Comments

STOP an Article V Convention – read the proposed new Constitutions which our enemies want to impose

 

November 17, 2021 Posted by | Article V, Article V Convention, constitutional convention, convention lobby, Convention of States project, Delegates to a convention can't be controlled, Faithful Delegate Laws, Federal Convention of 1787, Mark Levin, Mark Meckler, North American Union, Publius Huldah, Purpose of amendments to constitution, re-writing the Constitution, Regulation Freedom Amendment, Rulemaking by Executive Agencies, runaway convention, simulated convention, Task Force Report on Building a North American Community, The Liberty Amendments, why convention was added to Art. V | , , , , , , , , , , , , , , , , , , , , | 13 Comments

Defeat “COVID” Mandates by restoring the Genuine Meaning of the “privileges and immunities” and “due process” clauses

By Publius Huldah

Someone asked me why I write on the US Constitution when the US Supreme Court won’t enforce it.

This is why:  Our Declaration of Independence recognizes the self-evident Truth that Rights come from God, and that they are unalienable.  Accordingly, there are certain areas of your life which are off-limits to government regulation – you have an “immunity” from governmental regulation of these areas.

But since the federal and state governments are refusing to recognize our Rights, it falls on us to boldly step up to the plate and insist that our Rights be respected.  You have no lawful, moral, or religious duty to submit to a government when it violates our Constitution and seeks to take from you the rights God gave you.

Governments do not have constitutional authority to force you to take the COVID JAB.

And in this paper I show that the “privileges and immunities” and “due process” clauses of the US Constitution prohibit the federal, state, and local governments from requiring you to be “jabbed” or putting you into a concentration camp if they assert that you are at “high risk” of getting infected [i.e., those who are 65 years of age or older].

So Americans are going to have to man-up and assert their God-given rights.  But before you can do that, you must understand what your Rights are and what the Constitution says.

Our Constitution of 1787 is a glorious Document. But we didn’t read it, we didn’t adhere to its genuine meaning, and we permitted judges to redefine its terms. We must put a stop to that. The following draft 1 Resolution for State and local governments shows how, by restoring the genuine meanings of the “privileges and immunities” and “due process” clauses, we can defeat “COVID” tyranny.

Right to Freedom from “COVID” mandates – Model Resolution for State and local governments

I. The Law

WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and part of the Organic Law of our Land, and recognizes that our Rights come from the Creator God; that among these Rights are Life, Liberty, and the pursuit of Happiness; and further, that the purpose of government is to secure the Rights God gave us; and

WHEREAS, the Constitution of the United States is one of enumerated powers only; and We The People did not grant to the federal government power over the Country at Large to interfere in medical or health matters; to dictate that injections be administered to The People; to impose quarantines or “lock-downs” for real or pretended diseases; to establish internment (concentration) camps for the purpose of confining whomsoever the federal government wishes to confine; to require that The People wear devices such as face masks, or to obtain and carry internal passports; or to exercise any other such control over the sanctity of our persons; and

WHEREAS, the First Amendment of the Constitution of the United States provides,

“Congress shall make no law … abridging the right of the people peaceably to assemble…”; and

WHEREAS, the privileges and immunities clauses of the Constitution of the United States provide:

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” (Article IV, § 2)

“…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” (§1 of the Fourteenth Amendment); and

WHEREAS, the due process clauses of the Constitution of the United States provide:

At the Fifth Amendment, that “No person shall…be deprived of life, liberty, or property, without due process of law…”; and

At §1 of the Fourteenth Amendment, that “…nor shall any State deprive any person of life, liberty, or property, without due process of law…”; and

WHEREAS, Blackstone’s Commentaries on the Laws of England set forth at Book I, Chapter I, pp 128-140 (J.B. Lippincott) [link] the common law definitions of “privileges” and “immunities”; and shows that “immunities” refers to those areas of personal liberty which are free from regulation and control by civil governments, to-wit:

  • The God-given Right of Personal Security consists in a person’s legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation – and specifically that a person has the Right to preserve his health from such practices as may prejudice or annoy it [p. 132 at 4.];
  • The God-given right of Personal Liberty consists of an individual’s right of locomotion, of changing situation, or moving his person to whatsoever place his own inclination may direct; that no person may be imprisoned or confined except pursuant to the lawful judgment of his equals; the right of habeas corpus; and the prohibition against excessive bail; and
  • The God-given Right of Property consists of the absolute and inherent Right of an individual to the free use, enjoyment, and disposal of his acquisitions; and that no person may be divested of his property, but by the judgment of his peers; and

WHEREAS, “due process of law” is a term with a precise technical import going back to the Magna Charta; and means that a person’s Life, Liberty or Property cannot be taken away from him except by the judgment of his peers pursuant to a fair trial! [See Raoul Berger’s masterful work, “Government by Judiciary: The Transformation of the Fourteenth Amendment”, at Part I, Chapter 11 “Due Process of Law” link]; and

WHEREAS, it is a fundamental Principle of Anglo/American Jurisprudence that when Framers of a Constitution or Statute use a term which has been defined at the Common Law, that is the meaning to be assigned to the term in the Constitution or Statute (United States v. Smith (1820) link) & Raoul Berger’s chapter on “Due Process” at p. 222]; and

WHEREAS, the Constitution of the State of Ohio declares at Article I: Bill of Rights that

“Section 1: Inalienable rights. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.”

“Section 3: Right to assemble. The people have the right to assemble together, in a peaceable manner, to consult for the common good; to instruct their Representatives; and to petition the General Assembly for the redress of grievances.”

“Section 20: Powers reserved to the people. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.”

II. Violations by the federal government of The Law

WHEREAS, under the pretext of protecting the public from the allegedly dangerous “COVID” disease, the Center for Disease Control and Prevention of the federal government has been involved in the development and administration of a so-called “vaccine”; but that there is considerable evidence that such are not “vaccines” in the traditional sense of the word – but are injections designed to alter human DNA and replace it with a man-made DNA, and to destroy our God-given immune systems; and further that “COVID vaccines” have resulted in many deaths and disabilities among injected persons and are expected to result in a great many more deaths among injected persons in the coming years; and

WHEREAS, also under the pretext of protecting the public from the allegedly dangerous “COVID” disease, the Center for Disease Control and Prevention has made plans [here & here] to relocate selected Persons against their wills to internment (concentration) camps which are now, with the connivance of certain State governments, being set up throughout the Country; and

WHEREAS, the Center for Disease Control and Prevention is an unconstitutional federal agency which is not authorized by our Constitution to exist; accordingly all of its actions are unauthoritative, void, and of no force; and

WHEREAS, by these above-described acts, the federal government has usurped powers not delegated, and hence its acts are not law, but are altogether unauthoritative, void, and of no force; and

WHEREAS, such acts are also unconstitutional as in violation of the right of free assembly within the meaning of the First Amendment to the US Constitution; and

WHEREAS, such acts also deprive Citizens of their God-given Immunities from civil government’s regulation of their Persons and Personal Liberty, and deprive them of their God-given Right to the free use and enjoyment of their Property – all in violation of Article IV, §2, US Constitution; and

WHEREAS, such acts also deprive Citizens of life, liberty and property without due process of law in violation of the Fifth Amendment to the US Constitution.

III. State and local governments

WHEREAS, certain “private” businesses have been seeking to bring about the forced injections of Citizens with the so-called “COVID vaccine” by threatening to fire such Citizens unless they submit to the injection; and further, that for State and local governments to permit such tyranny violates that Principle, set forth in our Declaration of Independence, that the purpose of government is to secure the rights God gave us (which governments are to do by protecting us from those who seek to take our rights away from us); and that just as civil governments may not lawfully deprive The People of their God-given Rights and Liberties, neither may private persons or businesses; and

WHEREAS, for the State or any local government to impose lock-downs, mandate social distancing, order the closures of churches and selected businesses, and impose limitations on crowd sizes, would unlawfully restrict the Rights of The People to freely assemble; and that in the State of Ohio, such would violate Article I, Sections 1 and 3 of the Declarations of Rights set forth in the State Constitution; and

WHEREAS, for the state or local governments to cooperate with the unconstitutional federal agency known as the “Center for Disease Control and Prevention”, in its unlawful and tyrannical plan to incarcerate in internment (concentration) camps, Citizens against their wills, would unlawfully deprive the Citizens of Ohio of their Rights of free association and free assembly; and would also trespass on their Immunities against civil government’s control of their persons within the meaning of § 1 of the Fourteenth Amendment; and would also deprive Ohio Citizens of life, liberty and property without due process of law, also in violation of § 1 of the Fourteenth Amendment; and

For the state or local government to mandate the wearing of face masks also violates the God-given Right of Personal Liberty.

NOW, THEREFORE, BE IT RESOLVED:

1. That all acts of the federal government described hereinabove in Part II are unconstitutional and are unauthoritative, void, and of no force.

2. That all acts of State and local governments described hereinabove in Part III would also be unconstitutional and unauthoritative, void, and of no force; and that this body [identify whether it’s the State legislature or a County or municipal governmental body] will vigorously oppose all such unlawful acts.

3. That this body intends to vigorously uphold the Right of the Citizens to be free from the requirement of forced injections, mask wearing, social distancing, lock-downs; and will not permit Ohio Citizens to be relocated against their wills to the internment (concentration) camps now being planned by the unconstitutional federal agency known as the Center for Disease Control and Prevention.

It is so RESOLVED, this ________ day of _____________, 2021.

Signatures, etc.

Endnote:

1 This is a draft Resolution suggested by me for consideration by State and local governments – I used Ohio to illustrate that States must consult their own State Constitutions in addition to our federal Constitution.

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August 24, 2021 Posted by | Blackstone's commentaries on the Laws of England, Center for Disease Control and Prevention, covid, covid virus, COVID-19 scam, due process clause, privileges and immunities | , , , , , , | 18 Comments

Resistance to Tyrants is Obedience to God

Of course, you must make your own medical decisions. But I urge you to get fully informed on this issue – listen to the Frontline Doctors before making the decision for yourself – and especially for your minor children.

August 18, 2021 Posted by | Uncategorized | 25 Comments

Declaration of Independence: Rights come from GOD, and the purpose of government is to secure the rights GOD gave us – by protecting us from those who seek to take our Rights away from us.

In 10 minutes, Pastor Wallace lays out THE FIRST PRINCIPLES of government. We can not fix our Country unless we understand and return to these Founding Principles recognized in our Declaration of Independence:

  1. All men are created equal.

2. Rights come from God.

3. The purpose of government is to secure the rights God gave us.

4. When a government doesn’t secure the Rights God gave us, we have the right to throw it off and set up a new government.

But let us NOT blame the governments for our problems. WE are the ones who rejected the Principle that the purpose of government is to secure the rights God gave us. WE wanted a government which stole for us – which benefited us at the expense of others – which allowed us to live at other peoples’ expense – which shielded us from the consequences of our own vices – which protected us from the risks and uncertainties of life – which provided for our needs – and which allowed us to shirk personal and family responsibilities.

We must repent of our misuse of government and restore government to its rightful purpose.

Here I show how our Constitution lived up to this Founding Principle of the purpose of government: https://publiushuldah.wordpress.com/2014/12/01/how-our-federal-constitution-secures-our-god-given-rights/

June 26, 2021 Posted by | Declaration of Independence, Pastor Earl Wallace, Rights | , , | 25 Comments

Article V convention: a globalist coup to impose a new Constitution

Joanna Martin, J.D. (Publius Huldah) warns of what’s really behind the push for an Article V convention: to move us into the New World Order or impose a Communist dictatorship.

Presented to the Buncombe County Republican Party in Asheville, North Carolina on May 25, 2021.

Here are the Exhibits referred to in the presentation:

Click to access exhibits-to-presentation-in-north-carolina-during-may-25.pdf

June 2, 2021 Posted by | Article V, Article V Convention, constitutional convention, Globalism | , , , , | 23 Comments

The Death Blow: an Article V convention to replace our Constitution

By Publius Huldah

Open your eyes and see what is going on in our Country.  If you don’t face up to Reality right now and act accordingly, we are doomed.

The fight over whether to have an Article V convention isn’t between Republicans and Democrats, or liberals or “conservatives”.  It is spiritual warfare between those who want to keep our Biblically based Constitution of 1787; 1 and godless revolutionaries who want to get rid of our Constitution and set up the New World Order.

1. Our institutions have long since been captured by the enemy

The transformation of our Country into the New World Order has been going on for well over 100 years. A brief summary of the capture of our institutions is set forth here. But even worse than the capture of our institutions, was the ideological subversion of the American People: former KGB officer Yuri Bezemov described that ideological subversion here.

Now that all of our institutions have been captured, and great numbers of Americans have been ideologically subverted; the War is turning “hot”: The enemy now seeks to finish the job of destroying us and our Country.

2. Our Republic was overthrown in the last election

The essential characteristic of a “republic” is that power is exercised by representatives elected by the People.  Due to last minute unconstitutional changes to State elections laws which made massive election fraud possible, 2 the last election was stolen; and we lost our Right to choose our representatives. They are now chosen by those who control the voting machines.

3. Violent insurrections in the cities

The violent insurrections in the cities are carried on by Marxist-trained communist agitators who mean to kill us and burn down our cities – they say so here and in many other videos which have been on the internet. And we’ve seen on the internet videos showing that the violent insurrections are supported by various members of Congress and the pretended Vice-President of the United States.

4. Replacing our Constitution at an Article V convention

So now the time is ripe for the forces of the New World Order to move in for the final kill: To get rid of our Constitution. That Constitution is the only thing [other than the Mercy of God] remaining which stands between us and hell of the New World Order.

If Congress calls a convention under Article V, US Constitution; our present Constitution of 1787 can – and almost certainly will – be replaced with a new constitution. 3

Congress is the body which has the constitutional authority to “call” – organize and set up – an Article V convention. Congress – the same Congress which is now controlled by those who egg on the insurrections which are destroying our cities and intimidating the inhabitants.

And it is that Congress which has the power to determine how Delegates to an Article V Convention are selected – and even who they will be. The Constitution is explicit:

Article V grants to Congress the power to “call” the Convention.

Article I, §8, last clause, grants to Congress the power to make the laws necessary & proper to carry out its power to organize and set up the convention.

Accordingly, the Congressional Research Service Report of April 11, 2014 [link] recognizes:

“First, Article V delegates important and exclusive authority over the amendment process to Congress…”

“Second…Congress has traditionally laid claim to broad responsibilities in connection with a convention, including… (4) determining the number and selection process for its delegates…” (p.4)

So, among its other powers respecting a convention, Congress may appoint the Delegates – they may appoint themselves! And those members of Congress who support the violent insurrections, or are getting money from the Chinese Communists, and other subversives may well be the Delegates!

If State Legislatures give to Congress the power to call an Article V Convention, there is nothing any of us can do to stop it if Congress appoints subversives & revolutionaries as Delegates.

And while Congress is deciding who the Delegates will be, and where the Convention will meet, what will be going on outside the Capitol Building? Busloads of armed and violent Antifa and BLM rioters were sent into Minneapolis to intimidate the Jury in the Chauvin trial; 4 and to commit murder, mayhem, and burn down the City in the event Chauvin were acquitted [link]. Will these thugs also descend on the District of Columbia when Congress is deciding who the Delegates will be?

And what about the convention itself? Will the Delegates be intimidated by armed and violent Antifa and BLM thugs surrounding the place the Convention meets? Will these thugs demand that the proposed Constitution for the New Socialist Republic of North America [link] be imposed? Will they demand the Marxist Constitution George Soros wants [link]? Will the Chinese Communist Party demand that the Delegates impose the Constitution they want? Or will the globalists demand that the Delegates propose a new Constitution which transforms the formerly sovereign United States into a member state of the North American Union [link]? Will the Delegates be in such fear of their lives that – as in the Chauvin Jury – they surrender to the demands of the mob?

And know this: Any constitution has its own mode of ratification. The proposed Constitution for the Newstates of America [link] provides at Article XII, §1 that it is ratified by a referendum called by the President. The States don’t vote on it; they are dissolved and replaced by regional governments answerable to the new national government.

And as to ratification of the new constitution by national referendum: we would see once again, that Lenin was right when he said the people who vote don’t determine the outcome of elections – the people who count the votes do.

5. And it is Republican State Legislators who are putting us in this fatal danger

The Article V Convention is being marketed by demagogues and hirelings to State Legislators (primarily Republicans) as the “conservative” solution to our problems. They falsely assure State Legislators that they will select Delegates and have complete control over what they do.5 And since Legislators of today often know little to nothing about our Founding Documents, History, or Civics; and have been ideologically subverted as well, they fall for the marketing.

And, like many others, they are shutting their eyes to the unpleasant Reality described above. But that is the context in which an Article V convention would take place today.

These are the ones who will turn over to Congress the power to get the new Constitution which will be the death blow to this Country.

May God have mercy on their souls – they will have much to answer for. It is their adamant refusal to listen to the warnings against an Article V Convention which has grave moral implications for them.

Endnotes:

1 Our Constitution of 1787 was based on God’s Model of civil government [link].

2 The unconstitutional changes to our State Election Laws which created the opportunities for the fraud are described in a series of papers here.

3 See, e.g., “What the Convention Lobby isn’t telling you about our Declaration of Independence” [link] & “How to get a new Constitution under the PRETEXT of proposing Amendments” [link].

4 Alan Dershowitz speaks here of how US Congresswoman Maxine Waters called for riots if Chauvin weren’t convicted, thereby terrorizing the Jurors into finding Chauvin “guilty”.

5 Eminent conservative constitutional litigators William Olson & Herb Titus have rightly described such assurances as “false” and “reckless in the extreme” [link].

April 24, 2021 Posted by | Article V Convention, Black Lives Matter | 33 Comments

When the feds violate the Constitution, should we blame the Constitution?

By Publius Huldah

In Rob Natelson’s paper [link], “The Solution is a Convention of the States”, he makes claims about what our Framers said is the purpose of amendments to our Constitution which are not true. He also gives false assurances about the safety of a convention called by Congress under Article V of the Constitution.

At the outset, we should note that the title of Natelson’s paper incorporates a stratagem which creates the false belief that the States control the convention. The belief is false because the convention provided for by Art. V of the Constitution is a federal convention called by the federal government to perform the federal function of addressing our federal Constitution. It is not a state function; accordingly, the term, “convention of States”, does not appear in Article V.  So the “Convention of States” organizations (COS), of which Natelson is “senior advisor”, renamed the convention provided for in Article V as a “convention of the States”; 1 and re-defined it as “a convention controlled by State Legislatures”.

Now let’s examine various other claims on which COS builds its case.

1. The fabricated George Mason quote

COS claims that our Framers gave us the convention method of getting amendments so that when the federal government “violate[s] its constitutional limitations”, we can get a convention to “make adjustments to the constitutional text in order to rein in the abuse of power by the federal government.” Or, in plain English, when the feds violate the Constitution, the solution is a convention to amend the Constitution.

But our Framers didn’t say that. The falsity and absurdity of COS’s claim is exposed here. What our Framers actually said is that the purpose of amendments is to correct defects in the Constitution. And they recognized that the purpose of a convention is to get another Constitution. James Madison warned that those who secretly want to get rid of our Constitution would push for a convention under the pretext of getting amendments.

2. Natelson’s claims re using amendments to “overrule bad Supreme Court decisions” & “restrain federal power”

Natelson admits that the Framers said we can use amendments to correct defects in the Constitution; but then muddles up what the Framers actually said with what they never said, thereby seemingly legitimizing his misleading claim that the Framers envisioned that we could use amendments to “overrule bad Supreme Court decisions” and “restrain federal power”.

As an example of a “bad” Supreme Court decision, Natelson claims that “[i]n early 1795, the States ratified the 11th Amendment to reverse an overreaching Supreme Court decision”.

The decision he is referring to is Chisholm v. Georgia (1793) [link]; and what he says about it isn’t true. What Chisholm actually stands for is this: Our Constitution originally delegated to federal courts the power to hear cases “between a State and Citizens of another State” (Art. III, §2, cl.1). But when a Citizen of South Carolina sued the State of Georgia, States were outraged! Georgia objected. In Chisholm, the Supreme Court decided the case in accordance with the Constitution and held that Chisholm could maintain his suit.

But the States didn’t want Citizens of other States suing them. So the States ratified the 11th Amendment which took away from the federal courts the constitutional authority to hear cases filed by a Citizen against another State. So the 11th Amendment illustrates what our Framers actually said is the purpose of amendments: to fix defects in the Constitution.

Natelson also claims that our Framers said we could use amendments to “restrain federal power” when the federal government “exceeded and abused its powers”.

Again, Natelson muddles up the true and the false when he fails to distinguish between usurpations of undelegated powers and abuses of delegated powers.

No Framer said that amendments could be used to restrain usurpations of powers not delegated. And in Federalist No. 49 (last para) James Madison says the opposite. He warns against another convention and says, “occasional appeals to the people [a convention] would be neither a proper nor an effectual provision” for restraining the federal government within its legal powers.

But when the federal government abuses a delegated power, an amendment could be appropriate. Here’s an example: the Tariff Act of 1828 was constitutional since tariffs are authorized by Art. I, §8, cl. 1. But it was abusive because it benefited infant industries in the Northeast at the expense of the Southern States. So what’s the remedy for such abuse of delegated power? Article I, §8, cl. 1 could be amended to say that Congress may impose tariffs only to raise revenue to carry out the enumerated powers; and may not impose tariffs in order to benefit one section of the Country at the expense of other sections.

3. Natelson’s proposed “corrective reforms” to the Constitution

Natelson says he wants a convention to get a balanced budget amendment (BBA); to curb “undemocratic and unfair” regulations; to reverse “liberal-activist Supreme Court decisions”; to impose term limits; and get other amendments “to restrain federal power”.

But as anyone who has read it knows, our Constitution already limits the federal government to a handful of enumerated powers. The powers are listed here. The categories of cases federal courts are authorized to hear are listed at Art. III, §2, clause 1. All the problems of which COS and Natelson complain are the result of violations by the federal government of the existing constitutional limitations on their powers – and the States’ acquiesce in such violations!

Balanced Budget Amendment: Our Constitution already limits federal spending to the enumerated powers. But for 100 years, everyone has ignored the existing limits on federal spending. A BBA would replace the existing enumerated powers limitation on federal spending and create a new constitutional authority to spend on whatever the President or Congress put into the budget! A BBA thus legalizes spending which is now unconstitutional as outside the scope of the enumerated powers, and transforms the federal government into one which has constitutional authority over whatever Congress decides to spend money on.

Federal Regulations: Article I, §1 vests all lawmaking powers in Congress. So all regulations issued by federal executive agencies which purport to apply to the Country at Large are unconstitutional as in violation of Art. I, §1; and as outside the scope of the enumerated powers. An amendment such as Natelson proposes is a grant of constitutional power to federal executive agencies to make Laws.

Supreme Court Opinions: This shows why Roe v. Wade is unconstitutional. This shows why the opinions banning Christian speech in the public square are unconstitutional. The remedy our Framers advised for such usurpations is impeachment and removal from the Bench (Federalist No. 81, 8th para), and nullification by the States of unconstitutional opinions [link].

Natelson cannot produce any writing from a Framer which says that when the Supreme Court violates the Constitution, the remedy is to amend the Constitution. Our Framers were not silly men. And what would such an amendment as Natelson proposes say? That federal judges must obey the Constitution? Article VI already requires that. Does Natelson propose amendments which list the subjects on which federal courts may not act? But Art. III, §2, cl. 1 already lists the kinds of cases they may hear. But we ignore those existing limitations.

Term limits amendment: If we learned anything from the last election, it should be that we will not in the foreseeable future have an honest federal election. With H.R.1, Congress is likely to attempt to “legalize” the unconstitutional shenanigans which enabled the theft of the last election. So your vote won’t matter!

But even if we had honest federal elections, consider this: As you decrease the powers of elected members of Congress by making them transient beings – you increase the powers of the “deep state”. With term limits, elected members of Congress would become like train cars passing in the night – the power would be solidified in the nameless, faceless, un-elected bureaucrats who infest the Executive Branch.

Anyone who analyzes the amendments proposed by COS and their allies can see that their amendments increase the powers of the federal government by delegating powers already usurped, granting new powers, or stripping States of their existing powers. See: ‘Mark Levin’s “Liberty” Amendments: Legalizing Tyranny’ [link]; ‘COS Project’s “simulated convention” dog and pony show and what they did there’ [link], & ‘The “Regulation Freedom” Amendment and Daniel Webster’ [link].

4. Amendments to “prevent federal abuse” can backfire!

When amendments correct defects in the Constitution, they are clearly a good thing. The 12th & 13th Amendments, like the 11th Amendment, corrected defects in the Constitution. Section 1 of the 14th Amendment extended Citizenship to the freed slaves and provided constitutional authority for the much needed federal Civil Rights Act of 1866.

But amendments added to prevent federal abuses backfired. In Federalist No. 84 (10th para), Alexander Hamilton warned against adding a Bill of Rights to our Constitution. Under a Constitution of enumerated powers, the government may lawfully do only what the Constitution permits it to do. So

“…why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? … it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power...” [emphasis mine]

But Hamilton’s warnings were brushed aside.

Beginning in the 1920s, Justices on the Supreme Court – who were “disposed to usurp” – fabricated a doctrine under which they claimed that §1 of the 14th Amendment “incorporated” various parts of the first 8 Amendments so that those Amendments restricted the States! This how the Supreme Court usurped power to dictate how the States must apply the Bill of Rights. As shown here (at 12. & endnote 4), this is the theory the Supreme Court used to ban Christian speech from the public schools and County courthouse lawns.

Throughout the years, the Supreme Court has extended its “incorporation doctrine” to dictate to the States how they must apply the 1st, 2nd, 4th, 5th, 6th, and 8th Amendments [link].

Furthermore: Amendments usher in implementing federal statutes and executive agency regulations – and judicial power over the subject of the Amendment becomes vested in the federal courts. Article III, §2, cl.1, says, “The judicial Power shall extend to all Cases … arising under this Constitution …”

Beware of what you ask for.

5. Natelson’s assurances that a convention would consist of “state delegations” sent “to propose pre-specified amendments” are false and reckless in the extreme 2

Natelson presents nothing to support his assurances. He can’t because his assurances are contradicted by the Constitution; and by the federal “amendments” convention of 1787, which is our sole historical precedent for a federal convention called by a Congress to address our federal Constitution.

Article V, US Constit., says:

The Congress, whenever two thirds of both Houses shall deem necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing amendments…” [italics added]

Article I, §8, last clause, US Constit., says Congress shall have the Power…

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the government of the United States, or in any Department or Officer thereof.” [italics added].

So Congress calls the convention and makes the laws necessary and proper to organize the convention.

The April 11, 2014 Report of the Congressional Research Service [link] shows that Congress recognizes that Article V grants to Congress exclusive authority to set up a convention:

“Second, While the Constitution is silent on the mechanics of an Article V convention, Congress has traditionally laid claim to broad responsibilities in connection with a convention, including (1) receiving, judging, and recording state applications;(4) determining the number and selection process for its delegates…” (page 4).

So Congress has the power to receive and judge the applications; how to count the applications, which ones to count, whether to aggregate the different forms of applications, etc.

Nothing in the Constitution permits State Legislatures to dictate amendments to be considered. The convention is the deliberative body.

Nothing in the Constitution requires Congress to permit States to select Delegates. Congress – the same Congress which Natelson tells us is “abusive”, “mendacious” and “revels in its power”- has the power to select the Delegates. Congress may appoint themselves as Delegates. 3

6. The People have the power to take down and set up governments

The push for an Article V convention is a hoax. The Globalists who stole the Election want a new Constitution. They are using “getting amendments to rein in the federal government” as a pretext for getting a convention where a new Constitution is sure to be imposed. Madison expressly warned of this stratagem [link].

Our Declaration of Independence is part of the “Organic Law” of our Land. It recognizes that The People take down and create governments. When Delegates meet in convention to address a Constitution, they are the Sovereign Representatives of The People. They cannot be controlled by the “creatures” of Constitutions previously ratified by the People [link].

In Federalist No. 40 (15th para) James Madison invoked the “transcendent and precious right” of a people to throw off one government and set up a new one as justification for the Delegates to the federal “amendments” convention of 1787 ignoring their instructions to propose amendments to the Articles of Confederation, and instead writing a new Constitution with its own easier mode of ratification.

Accordingly, even if the “abusive” and “mendacious” Congress doesn’t “revel in its power” to appoint Delegates, but graciously permits States to select Delegates, State Legislatures have no competent authority to control Delegates at a convention called by Congress pursuant to Article V. The Delegates, as Sovereign Representatives of The People, have the power to eliminate the federal & state governments! 4

Heed the warning of the great statesman Daniel Webster:

“The politician that undertakes to improve a Constitution with as little thought as a farmer sets about mending his plow, is no master of his trade. If that Constitution be a systematic one, if it be a free one, its parts are so necessarily connected that an alteration in one will work an alteration in all; and this cobbler, however pure and honest his intentions, will, in the end, find that what came to his hands a fair and lovely fabric goes from them a miserable piece of patchwork.” Daniel Webster, 4th of July Oration, 1802.

Endnotes:

1 In a speech Natelson gave on Sep. 16, 2010 [link at top of p. 2], he said he would no longer call what he wanted a “constitutional convention”; but would ‘put our concepts on “reset” ’ and henceforth call it a “convention of states”.

2 Noted conservative constitutional litigators and law professors William Olsen and Herb Titus have already recognized that COS’s “false assurances” are “reckless in the extreme” [link].

3 Page 40 of the CRS Report says it’s been recognized that there doesn’t seem to be any “… constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention..”

4 The proposed Constitution for the Newstates of America [link] does just that. Article XII, §1 provides for ratification by a referendum called by the President. Do YOU trust the voting machines?

March 21, 2021 Posted by | Amendments to the Constitution, Article V Convention, Congressional Research Service Report, constitutional convention, convention lobby, Convention of States project, Daniel Webster, Delegates to a convention can't be controlled, Federal Convention of 1787, Incorporation doctrine, Purpose of amendments to constitution, Rob Natelson | , , , , , , , , , , | 19 Comments

How to make civil government Irrelevant

 
 

January 24, 2021 Posted by | covid virus, speech codes | , , | 25 Comments

What the Constitution REQUIRES Congress to do on January 6, 2021

By Publius Huldah

1. The Rule of Law is being erased in our Land

Several years ago, I saw a movie on TV. The setting was Berlin, Germany just after WWII at the time the Soviets were laying rolls of barbed wire on the ground to mark the border between East and West Berlin. The main characters were a young American woman and a young German man. He had gotten a law degree while Hitler was taking over Germany; but he never practiced law. She asked him why and he said, “The Law disappeared”.

And that’s what’s going on in our Country: The Law – as the standard which those in government must obey – has disappeared and is being replaced by the age-old system where those with the power do what they want, and the cowards go along with it.

Just as the cowards in Germany went along with Hitler; cowards in America are going along with the Left’s brazen theft of the recent election. Countries are destroyed by such cowards; and that may be the reason Revelation 21:8 lists cowards as the first to be thrown into the Lake of Fire: Tyrants couldn’t get to first base without the acquiescence of cowards.

So this paper calls upon each Member of Congress to rise up and restore the Rule of Law to our Land.1 Knowledge of Truth – and the Love of Truth – make us strong. So learn the Truth, embrace it, and restore the Rule of Law.

2. We must read each Part of the Constitution in the Light cast by the other Parts

It is impossible to understand any Part of the Constitution without understanding how that Part fits into the Whole; and how each individual Part is affected by the other Parts addressing the same subject. Accordingly, it is an ancient rule of construction that constitutional provisions or statutes that are on the same subject (in pari materia) must be construed together [link].

So it is a serious misconstruction of the 12th Amendment to assert that Congress’s role on January 6 is the passive one of merely counting numbers; or that the Presiding Officer has discretion to do whatever he wants.

As shown below, specific provisions of the Constitution impose on Congress the Duty to determine whether the Electors were lawfully chosen; and whether the putative President elect and Vice-President elect are qualified for office.

3. When it meets on January 6, Congress must enforce these Constitutional provisions respecting the Appointment of Electors

Article I, §4, clause 1; Article II, §1, clause 2; and Article II, §1, clause 4

Art. I, §4, cl. 1 says that only state and federal legislatures have the power to make laws addressing the Times, Places and Manner of conducting federal elections. So Judges and State executive officials have no lawful authority to change the election laws made by the Legislatures!

Art. II, §1, cl. 2 says that the Electors for President and Vice-President are to be appointed in such manner as the State Legislatures shall direct. So Judges and State executive officials have no lawful authority to change the election laws respecting how the Electors are to be chosen!

So Electors who were appointed in violation of these two provisions were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President.

Art. II, §1, cl. 4 provides that Congress may determine the Time of chusing the Electors. At 3 USC §1, Congress set the time for chusing Electors for November 3.

So Electors who were appointed after November 3 by means of late ballots (which was made possible by unconstitutional changes to state election laws which unlawfully extended the deadlines for receiving ballots past Nov. 3) were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President. 2

4. Congress must also enforce these Constitutional provisions respecting the qualifications for the Offices of President and Vice-President

Article II, §1, clause 5

Art. II, §1, cl. 5 sets forth qualifications for the Office of President. After our first generation of Presidents [who were all born as subjects of the King of England] had passed away; the qualifications for President are that he must be a “natural born citizen”, at least 35 years of age, and have been for at least 14 Years a Resident within the United States.

The last sentence of the 12th Amendment shows that no person who is ineligible to be President is eligible to be Vice-President. 3

The 22nd Amendment

The 22nd Amendment imposes term limits on the office of President. So any person who has already served two terms is constitutionally ineligible to be President.

The 20th Amendment, §3

§3 of the 20th Amendment addresses what happens when the President elect and/or Vice-President elect “fail to qualify”. So §3 underlines Art. II, §1, cl. 5; the last sentence of the 12th Amendment; and the 22nd Amendment: If the President elect or the Vice-President elect “fail to qualify”, they are to be passed over.

So! The Constitutional scheme is that the Electors’ choice is subject to Congress’ determinations of:

♦whether the requirements of Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 were obeyed when the Electors were selected; and

♦whether the persons whom the Electors chose meet the requirements of Art. II, §1, cl. 5; the last sentence of the 12th Amendment, and the term limits provision of the 22nd Amendment.

If not, Congress must disqualify the persons.

5. Congress is also bound by these Constitutional provisions

The Guaranty clause at Article IV, §4

Art. IV, § 4 says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…” [emphasis added]

Since the essence of a “Republic” is that power is exercised by Representatives elected by The People; 4 the violations of Art. I, §4, cl. 1; Art. II, §1, cl. 2; and Art. II, §1, cl.4 (which made massive election fraud possible) strike at the heart of our Constitutional Republic.

When Electors are selected in violation of our Constitution by means of last minutes changes unlawfully made to state election laws; and/or an election is stolen by means of fraud, the Right of The People to choose their Representatives is taken away from them – and the Republic is destroyed.

Art. IV, §4 imposes on Congress the Duty to guarantee lawful and honest federal elections. Congress can do this by enforcing Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 by disqualifying the Electors chosen in contravention of those provisions.

Congress may (and should) also disqualify Biden and Harris on the additional ground that their pretended election was procured by cheating.  They must be stripped of their sham “win”. 5

The Supremacy clause at Article VI, cl. 2

Art. VI, cl. 2 says:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land…” [italics added]

Only those Acts of Congress which are consistent with the Constitution are part of the supreme Law of the Land. 6

Accordingly, Sections 5 and 15 of the Electoral Count Act (3 USC §§1-21), are unconstitutional to the extent they purport to:

♦require Congress to accept slates of Electors who were appointed in violation of Art. I, §4, cl.1; Art. II, §1, cl. 2; and Art. II, §1, cl. 4;

♦require Congress, in the case of dueling slates of Electors, to choose the slate signed by the Governor of the State and reject the slate approved by the State Legislature; 7 and

♦eliminate the 12th Amendment’s dispute resolution procedures under which the House of Representatives chooses the President; and the Senate chooses the Vice-President. 8

But, contrary to what some have asserted, the 12th Amendment most manifestly does NOT vest exclusive authority and sole discretion in the President of the Senate (Vice-President Mike Pence) to determine which slates of Electors for a State are to be counted and which slates are to be rejected!

As President of the Senate, the Vice-President has certain Parliamentary powers at his disposal; but he has no “discretion” in deciding whether he will adhere to the Constitutional framework governing the Election. He – and every other Member of Congress – must adhere to and enforce each Constitutional provision.

The Oath of Office at Article VI, cl. 3

Every Member of Congress is bound by Oath or Affirmation to support our Constitution. On January 6, you must lay aside all personal considerations. Do your DUTY as set forth in the Constitution. And remember: This isn’t about Trump – this is about whether our Republic is to survive. If you permit violations of the Constitution and the resulting fraud to prevail; you will destroy our Republic.

6. Our Constitution sets up an elegant system of checks and balances

One of the benefits of the “separation of powers” Principle is that it provides a mechanism for one power to correct violations made by another power. Within the federal and State governments, powers are divided into three Branches: Legislative, Executive, and Judicial. Each Branch has the duty to “check” the violations of the other Branches.

Likewise, the power of the State governments is separated from the power of the federal government. When people within State governments violate the Constitution – as was done in the recent election – it is the Duty of the federal government to “check” the violation. Since Electors were chosen in violation of the Constitution; Congress has the Duty to check the violations and reject those Electors.

Endnotes:

1 The term, “rule of law”, is defined here at Point 7.

2 The same Principle applies to Electors who were chosen before Nov. 3 pursuant to [unconstitutional] state election laws which permit early voting for selection of Electors.

3 It appears that at the time Kamala Harris was born, her parents were not US Citizens. If so, she is constitutionally ineligible to be President or Vice-President [link]. Congress has the Duty to inquire into this matter; and if they find that she is not a “natural born citizen” within the original intent of Art. II, §1, cl. 5, it is Congress’ Duty to disqualify her. Congress is the body which is charged with determining the eligibility of the President and Vice-President [link].

4 Federalist No. 10 (J. Madison): “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

5 If you win a medal at the Olympics; and it’s later discovered that you cheated by taking performance-enhancing drugs, you will be stripped of “win” and medal – and both will be awarded to your runner-up. The same Principle applies to stolen elections.

6 Federalist No. 78, 10th para (A. Hamilton): “…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; ….” [emphasis mine]

7 Art. II, §1, cl. 2 provides that the State Legislatures have the power to direct how the Electors are to be appointed! The State Governor has no constitutional power whatsoever in the selection of Presidential Electors!

8 To the same effect, see the Complaint recently filed by US Representative Louie Gohmert [link].

January 5, 2021 Posted by | 12th Amendment, 20th amendment, 22nd Amendment, Article IV, Sec. 4, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, free and fair elections, Kamala Harris, Mail-in voting, stop the steal, Times Places and Manner clause | , , , , , , , , , , , | 31 Comments

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