By Publius Huldah
If there is an Article V convention, we will lose the Constitution we have, and another Constitution will be imposed.
You are not getting both sides of this issue. Throughout the Country, those of us who are warning of the dangers of an Article V convention are marginalized, ridiculed, smeared, shut out of meetings, and barred from speaking in public forums. THIS short essay from the Principled Policy Blog describes what we face every day.
THIS article is an account by Donny Harwood, a Citizen of Tennessee, describing how he was shut out of the public meeting which the Convention of States people held on October 19, 2015 at the Millennium Maxwell House Hotel in Nashville, Tennessee. According to The Leaf-Chronicle, a number of Tennessee Legislators were at the meeting. A prominent Tennessee radio talk show host was also present.
And everyone at the meeting was prevented from hearing the other side of this issue.
The reason convention proponents forbid dissenting voices is that we prove, by means of Facts and original source documents, that the claims and promises of the convention proponents are false. HERE are some of the original source documents Legislators would hear about if they were presented with the other side of this issue.
We are in the final stage of a takeover. Leftists of every variety want a new Constitution to legalize our transformation from the constitutional Republic created by our existing Constitution to a dictatorship.
To get a new Constitution, they need a convention. So they are telling conservatives that our Constitution is causing our problems and we need to amend the Constitution. And they say we can only make the amendments they say we need at a convention.
Article V of our Constitution provides two methods of amending our Constitution. Congress:
1. Proposes amendments, or
2. Calls a convention to propose amendments if 34 States apply for it.
The first method was used for our existing 27 amendments: Congress proposed them and sent them to the States for ratification or rejection.
Under the second method, Congress calls a convention. We have never had a convention under Article V. Such conventions are extremely dangerous. THIS is one of many articles which illustrate the danger, sets forth warnings from two of our Framers and two former US Supreme Court Justices, and explains why Delegates to a convention can NOT be controlled by State laws.
National conventions are dangerous because the Delegates have the plenipotentiary power to impose a new Constitution with a new mode of ratification. The video by Chuck Michaelis at the bottom of THIS page explains these plenipotentiary powers. Such Delegates are the Sovereign Representatives of The People and have the power to impose a new Constitution. This has already happened in our history:
♦ At the Federal Convention of 1787, this plenipotentiary power was exercised to replace our first Constitution, the Articles of Confederation, with the Constitution we now have. On February 21, 1787, The Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. But instead of proposing amendments to our first Constitution, the Delegates wrote a new Constitution – the one we now have.
♦ Furthermore, the new Constitution had a new and easier mode of ratification: Article XIII of The Articles of Confederation (p 8-9) provided that Amendments to the Articles had to be approved by the Continental Congress and all of the then 13 States. But the new Constitution, drafted at the “amendments” convention of 1787, provided at Art. VII thereof that it would be ratified upon approval by only nine of the then existing 13 States.
So! Not only do Delegates to a national convention have this plenipotentiary power to impose a new Constitution; the precedent to do so has already been established.
The Left has been pushing for a convention for 50 years – ever since the Ford and Rockefeller Foundations produced the Constitution for the Newstates of America. They need a convention to get it imposed.
Several other Constitutions are already prepared and waiting for a convention.
If there is a convention, the only issues will be (1) whose Constitution will be imposed by the Delegates; and (2) what new mode of ratification will be set forth in the new Constitution.
♦ The Constitution for the Newstates of America imposes a totalitarian dictatorship. Article XII, § 1 thereof provides for ratification by a Referendum called by the President. The States are dissolved and replaced by regional governments answerable to the new national government.
♦ George Soros, Marxist law professors all over the Country, Cass Sunstein and Eric Holder want a Marxist Constitution in place by the year 2020.
♦ The “Convention of States” project wants a “re-written” Constitution which legalizes powers the federal government has already usurped, and delegates new powers to the federal government such as total power over children. Yet they are telling conservatives that they want a convention so they can get amendments “to limit the power and jurisdiction of the federal government”!
♦ Under the planned North American Union, Canada, the United States, and Mexico will surrender their sovereignty to a Parliament set over the three countries. The United States will need a new Constitution to transform us from a sovereign nation to a member state of the North American Union. This is what the Establishment wants. And it is being imposed on us by stealth. Read the Task Force Report of the Council on Foreign Relations HERE. And to see how the European Union is working out for the formerly sovereign nations of Europe, watch this 7.5 minute video by Pat Condell.
In the past, conservatives defeated the periodic pushes for a convention. So the Left changed tactics: Now, they are marketing it to appeal to conservatives: they are telling conservatives that a convention is the only way to rein in the federal government. These leftists, some wearing conservatives’ clothing, are using the classic techniques of the Left: They are not telling the truth; they are smearing their opponents; and they have divided conservatives. Conservatives who fell for the marketing have been induced to attack and exclude conservatives who are warning of the dangers of a convention. And they won’t let us address their groups.
Our existing Constitution really was a 5,000 year miracle. We delegated only a handful of enumerated powers to the federal government – you can see what we delegated HERE. Our Constitution doesn’t need “fixing” – we need to restore the Constitution we already have. We begin the Restoration by reading and learning our Constitution and Declaration of Independence. And enforcing it! See, in this regard, the Tenth Amendment Center’s 2015 State of the Nullification Movement Report.
For the Love of God and Country, heed this warning.
Nov. 25, 2015
Saul Alinsky allegedly said in Rules for Radicals that any revolutionary change must be preceded by a passive, affirmative, non-challenging attitude among the mass of our people. They must feel so frustrated, so defeated, so lost, so futureless in the prevailing system that they are willing to let go of the past and chance the future.
Ever since the Ford & Rockefeller Foundations, some 50 years ago, came up with the Constitution for the Newstates of America, the left has been pushing for an Art. V convention so that they can impose a new Constitution. The conservatives defeated these periodic pushes for a convention. So this time, the left changed tactics: Now they are marketing it to appeal to conservatives. They are telling conservatives a convention is THE ONLY WAY to rein in the federal government.
And they are telling conservatives that elections and nullification – THE REMEDIES OUR FRAMERS ACTUALLY ADVISED – don’t work.
So this is how they have made Americans feel that they have nothing to lose by a convention. Alinsky tactics are being used on the American People.
Several leftist Constitutions – in addition to the Newstates Constitution – are already prepared and waiting for an Art. V convention.
A new Constitution will be needed to transform the United States of America into a member state of the “North American Union”. Ted Cruz’s wife, Heidi Cruz, was on the CFR Task Force to set up this merging of Canada, the US, and Mexico. It sets up a Parliament over the 3 countries. You can read the CFR (Council for Foreign Relations) Report on setting up the North American Union HERE.
Americans! You better shake the dust off your brains and start using them. There is not much time left.
What a GREAT way to spend a Saturday if you live in the vicinity of Ft.. Wayne, Indiana!
By Publius Huldah
1. Harvard Professor Raoul Berger’s meticulously documented book, Government by Judiciary: The Transformation of the Fourteenth Amendment, proves by means of thousands of quotes from the Congressional Debates, that the purpose of Sec. 1 of the 14th Amendment was to extend citizenship to freed slaves and to protect them from southern Black Codes which denied them basic God given Rights.
2. The “equal protection” clause within Sec. 1 of the 14th Amendment says:
No State shall “…deny to any person within its jurisdiction the equal protection of the laws.”
In Ch.10 of his book, [go to page 222 of this pdf ed], Prof. Berger shows the true meaning of the “equal protection” clause: The “equal protection” was limited to the rights enumerated in The Civil Rights Act of 1866. Section 1 of the Civil Rights Act of 1866 says:
“Be it enacted by the Senate and House of Representatives of the United States of America …
That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.”
This 1866 Act thus secured to blacks the same right to contract, to hold property, and to sue, as whites enjoyed, and the equal benefit of all laws for security of person and property. “Political rights” were excluded [Remember, the 14th Amendment did not give freed slaves the right to vote]. But respecting the rights listed in the Act, States were now required to treat blacks the same as whites. THAT is what the “equal protection” clause in the 14th Amendment means.
3. So, the “equal protection” clause is not a carte blanche invitation for federal judges to thereafter prohibit States from making any “distinctions” or “classifications” on any subject whatsoever in any of their State Laws or State Constitutions which five (5) judges on the US Supreme Court don’t agree with!
But that is what federal judges have been doing. And they have decided that, respecting marriage, “classifications” and “distinctions” based on male and female genders are unconstitutional as in violation of the equal protection clause.
What unadulterated RUBBISH emanates from the fetid recesses of the minds of the federal judges in this Country.
Will these judges next say that State Statutes which prohibit close relatives from marrying make “distinctions” and “classifications” which violate the equal protection clause?
4. To my fellow Citizens, I say: For Heaven’s Sake, People! Use your heads! God gave you a brain – use it!
5. To my fellow lawyers, I say: Watch The Matrix, Part I. Pay close attention to the passage where Morpheus is offering the blue pill and the red pill to Neo. Morpheus later says, “I am trying to free your mind, but I can only show you the door. You are the one who has to walk through.” Note the descriptions of the Matrix thereafter and of the people who are still plugged in. What you have been told, beginning with your first year in law school, is a lie. Lawyers who accept the lies are plugged in to the Matrix. The red pill signifies opening your eyes. I offer you the red pill. Open your eyes.
Sept. 12, 2015
WHEN may courts lawfully strike down, under the “supremacy clause”, State laws and provisions in State Constitutions?
By Publius Huldah
The courts have lawful authority under the supremacy clause of the federal Constitution (Art. VI, clause 2) to overturn SOME Amendments to State Constitutions and SOME State laws.
It depends on whether the State provision conflicts with the federal Constitution, or with an Act of Congress which is authorized by the Constitution, or with a Treaty which is authorized by the Constitution.
For example: Say a State law says you have to be 45 years old to run for President. That would conflict with Art. II, Sec. 1, clause 5, US Constitution, which establishes 35 years as the minimum age requirement. State laws can’t contradict the Constitution. So a court could properly strike down the State law which says Presidents must be at least 45 years old.
Do you see? The State Law, or State Constitutional provision, or State judicial opinion must CONTRADICT something in the federal Constitution, or Acts of Congress authorized by the Constitution, or Treaties authorized by the Constitution – before it may lawfully be struck down under the supremacy clause.
THE REASON AMERICANS HAVE SUCH DIFFICULTY UNDERSTANDING THIS IS BECAUSE THEY HAVE NOT GRASPED THE SIMPLE CONCEPT THAT OUR FEDERAL CONSTITUTION CREATED A NATIONAL GOVERNMENT OF “ENUMERATED POWERS” ONLY.
When acts of the national government are authorized by the Constitution, States can not lawfully contradict such acts.
But when acts of the national government are not authorized by the Constitution, then State legislators, officials and judges are obliged by their Oaths of Office to SPIT ON UNCONSTITUTIONAL ACTS OF THE NATIONAL GOVERNMENT.
The KEY QUESTION IS ALWAYS – ALWAYS – ALWAYS – ALWAYS: What provision in the federal Constitution authorizes the national government to act on the issue in question?
Now I ask all of you a question: Can you cite Article, Section, and clause of the federal Constitution which authorizes the national government to meddle in “abortion”, “homosexuality”, or “marriage” over the Country at Large?
Can’t find it? What does that tell you? It should tell you that the national government has no authority to meddle in these three areas. My paper on marriage explained this very clearly, I thought……
So when the national government has no constitutional authority to meddle in an area, they may not lawfully strike down State provisions on these areas. When they do so anyway, the States and The People must man-up and resist!
But when the national government has constitutional authority to act in an area, then any State Constitutional provision or State statute in contradiction thereto can properly be struck down under the supremacy clause.
Americans have totally failed to understand that the list of areas in which the national government has constitutional authority to act is…… A VERY SHORT LIST. The list is so short that you all ought to have the list in your heads. Check it out HERE.
By Publius Huldah
Art.VI, clause 2 says:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…”
That tells us:
1. Only THREE things are eligible to comprise the “supreme Law of the Land”: The Constitution, Acts of Congress, and Treaties. Supreme Court opinions are not included! Supreme Court opinions aren’t even “law” [contrary to what lawyers were told in law school] – they are merely opinions on the law suits or proceedings before the court.
2. Furthermore, Acts of Congress must be made pursuant to Authority granted to Congress by the Constitution before they qualify as part of the “supreme Law”. If Acts of Congress are not authorized by the Constitution, the acts are mere usurpations and must be treated as such. See: https://publiushuldah.wordpress.com/…/nullification-smacki…/
3. Treaties must likewise be made under the Authority of the United States before they qualify as part of the “supreme Law”. From where do the President and the Senate obtain their Authority? From the Constitution. The Constitution must specifically authorize the national government to act in an area before they may lawfully make a treaty addressing the object. The national government may not circumvent the limitations imposed by the enumerated powers to do by treaty what they may not lawfully do pursuant to the enumerated powers. E.g., our Constitution does not delegate to the national government authority to restrict our arms, ammunition, regulate firearms dealers, do background checks, etc. The national government may not lawfully circumvent this restriction by means of a treaty wherein the signatory governments agree to disarm their Citizens or Subjects. https://publiushuldah.wordpress.com/…/treaty-making-powers…/
The Supreme Court’s opinion in the homosexual marriage cases was a grotesque usurpation of powers not delegated. https://publiushuldah.wordpress.com/…/searching-for-marria…/ And the opinion of these FIVE (5) morally degenerate lawyers is not “law” in any sense of the word. Only Congress is authorized to make “law” (Art. I, Sec. 1).
So County Clerk Kim Davis is a Heroine of the Republic for standing up to Tyranny. Like Rosa Parks.
Come one! Come all! And bring your Friends and Relations!
WHEN: Tuesday, Sep 8, 2015 at 6:00 p.m
HOST: Act for America, Clarksville
WHERE: Montgomery County Public Library, Large Room. At 350 Pageant Lane, Clarksville, Tennessee 37040
Come to this and you will see why supporters of the so-called “convention of states” project and others pushing for an Article V Convention, foam at the mouth when they hear my name; why they strive to get me banned from speaking in the Public Square; and why they call me nasty names. I eat their lunch!
And if you haven’t seen the linked chart – please print it out and study it. It illustrates the federal system our Framers gave us and lists most of the enumerated powers delegated to the national government over the Country at Large. THAT is the Constitution everyone has ignored for 100 years – and which the scammers want to get rid of. They need a convention so they can get a new Constitution which will legalize the globalist tyranny which is being set up over us.
By Publius Huldah
A devilish plot is afoot to impose new national taxes on the American People. It is a masterful piece of trickery because the authorization for the new national taxes is buried within Compact for America’s version of a balanced budget amendment to the US Constitution.
Furthermore, the balanced budget amendment does nothing to control federal spending; and transforms our Constitution from one of limited and defined powers to one of general and unlimited powers. 1
Let’s look at Sections 1-6 of Compact for America’s balanced budget amendment:
It does Nothing to Control Federal Spending
Section 1 allows Congress to spend as much as they take from us in taxes and add to the national debt. That’s a good idea?
Sections 2 and 3 permit Congress to raise the debt whenever 26 States agree. States are addicted to federal funds. Will 25 States agree not to take more federal funds?
Section 4 is a joke: Who believes Congress will impeach a President for refusing to “impound” an appropriation made by Congress? Congress won’t even impeach a President for Treason.
How Authorization for the New Taxes is Hidden
Section 5 says:
“No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress….” [italics mine]
What is a “general revenue tax”? Section 6 defines it:
“…’general revenue tax’ means any income tax, sales tax, or value-added tax levied by the government of the United States…” [italics mine]
Now go back to Section 5 and substitute the definition of “general revenue tax” for that term:
“No bill that provides for a new or increased income tax, sales tax, or value-added tax levied by the government of the United States shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress….”
There it is: All that’s needed is approval of two-thirds of the members of each House and a new national sales tax and/or value added tax is imposed on us. And they can increase it, along with increasing the income tax, whenever they get two-thirds of the members to vote for it.
Section 5 also permits Congress to make laws to impose a new “end user sales tax” 4 which would replace the income tax – this “end user sales tax” is passed by a simple majority of both houses.
So! Compact for America’s balanced budget amendment provides two options to Congress:
· Two-thirds of the members of both Houses can impose a new sales tax and/or value-added tax in addition to the income tax; or
· A simple majority of both Houses can impose “a new end user sales tax” which replaces the income tax.
Which option will Congress choose?
Our Constitution Doesn’t Now Authorize a National Sales Tax or Value-added Tax
Article I, §8, clause 1 says:
“The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises…”
Principles of Compact for America say this clause already authorizes a national sales tax or value added tax. Board Vice-President Chip DeMoss said on Feb. 12, 2014:
“a national sales tax would be an “impost” (defined as a tax or similar compulsory payment) that is authorized under Article I, Section 8, Clause 1…” [see comments and scroll down after comment 19 till you see Chip DeMoss’ name].
We may not properly use DeMoss’ redefinition of “impost”!
We must use the definition of “impost” our Framers used: The Federalist Papers say an “impost” is a tax or duty on imports. Type imposts in the search box [at the link] and the Papers discussing imposts will come up. See for yourself that an “impost” is a tax or duty on imports.
Webster’s 1828 Dictionary defines “impost” as:
“…Any tax or tribute imposed by authority; particularly, a duty or tax laid by government on goods imported, and paid or secured by the importer at the time of importation. Imposts are also called customs.”
Do you see?
National sales taxes and value-added taxes are also not “excise” taxes. Excise taxes are a tax on a unit of goods – such as the infamous whiskey excise tax of 1791 which led to the Whiskey Rebellion. 5 It imposed a flat tax per gallon. The tax was payable for domestic whiskey at the distillery (§17 of the Act) and the casks were numbered and marked to show the tax had been paid (§19 of the Act).
“Taxes” at Art. I, §8, clause 1 refers to the apportioned direct tax provided for at Art. I, §2, clause 3 of our Constitution.
Our Framers were specific about the kinds of taxes Congress is permitted to impose. Congress does not have the power to impose any kind of tax it wants. Our Framers limited Congress’ taxing power to:
· the apportioned direct taxes at Art. I, §2, clause 3;
· the duties or imposts on imports at Art. I, §8, clause 1; and
· the excises at Art. I, §8, clause 1.
A sales tax is none of the above. A sales tax is a percentage of the retail price of goods. A value-added tax is a “turbo-charged national sales tax on goods and services that is applied at each stage of production, not merely on retail transactions” and raises a “gusher of revenue for spendthrift governments worldwide”.
We have never had a national sales tax or value added tax in this Country. Why? Because they are not authorized by the Constitution.
We were manipulated into supporting the 16th Amendment. We were told the income tax would “soak the rich” – and the envious drooled at the prospect.
And so again today, statists are seeking to trick us into supporting a national sales tax or a value added tax: first, by concealing it within the verbiage of the bill; 6 and then, once the trickery was exposed, by claiming the Constitution already authorizes these new types of taxes.
There is a Better Way: Downsize the Federal Government!
Our Constitution limits federal spending to the enumerated powers. The list of objects on which Congress may lawfully spend money is a short list. See the list HERE.
Most of what the federal government does today is unconstitutional as outside the scope of the powers delegated by the Constitution. Let’s cut federal spending by downsizing the federal government to its enumerated powers and constitutional limits.
1 Congress’ spending is limited by the enumerated powers: If an object is on the list of enumerated powers (e.g., the patent & copyright office authorized by Art. I, §8, cl. 8), Congress may lawfully spend money on it. That’s how our Constitution already controls federal spending.
All versions of a balanced budget amendment change the constitutional standard for spending FROM whether an object is on the list of enumerated powers TO a limit on total spending where Congress may spend money on whatever they or the President put in the budget. This is what transforms our Constitution FROM one of enumerated powers only TO one of general and unlimited powers. And that is the true purpose of a balanced budget amendment. It has nothing to do with limiting federal spending – the pretended spending limits are fictitious since they may be waived whenever the feds [and 26 of the States] want to waive them.
3 Matthew Burns’ article about the hearing on HB 366 before N. Carolina’s House Judiciary Committee (which passed HB 366) doesn’t mention the new national taxes. Burns quotes the Bill’s sponsor, Rep. Chris Millis, as saying the problem is “Washington is unwilling or unable to limit itself.” So the solution is to massively increase Congress’ taxing powers?
4 “End user sales tax” is not defined in the balanced budget amendment.
5 Apparently, the practice of tarring & feathering “revenuers” began with the Whiskey Excise Tax.
6 The trickery was exposed over a year ago HERE. Since then, Compact for America has claimed the Constitution already authorizes the new taxes. Are we too gullible to be free? PH
August 26, 2015
By Publius Huldah
Section 1 of the 14th Amendment says:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside…”
The purpose of this Section was to extend citizenship to freed slaves and to protect them from southern Black Codes which denied them basic God-given rights.
This Section does not provide that illegals who invade our Country and drop a baby here are automatically the parents of a US citizen.
The key is “subject to the jurisdiction thereof”: Consider the French ambassador and his lovely young wife stationed in Washington, DC. She gives birth to a child here. Her child was born here. But is her child “subject to the jurisdiction” of the United States? No! The child is subject to the same jurisdiction as his parents: France.
Consider the American Indians: Sec.1 of the 14th Amendment did NOT confer citizenship on American Indians. They were not “subject to the jurisdiction of the United States” – they were subject to the jurisdiction of their tribes.
An illegal alien who invades our Country is in the same status as the French Ambassador’s wife. The baby she drops here is “subject to the jurisdiction” of the Country she left.
So the 14th Amendment does NOT confer citizenship on babies of illegals born here – just as it does not confer citizenship on the babies of foreign diplomats stationed here.
Pursuant to Art. I, Sec. 8, clause 4, US Constitution, Congress may make laws deciding how people become naturalized citizens.
But Sec. 1 of the 14th Amendment does not confer citizenship status on babies born here of illegal aliens.
This is important.