Publius-Huldah's Blog

Understanding the Constitution

Convention Supporters’ Myths about State Control of Delegates

By Publius Huldah

Convention supporters assure us that the States will have control over Delegates to an Article V convention.

That is not true.

The Truth is States have no power over the convention at Art. V.  All they can do is “apply” to Congress for Congress to “call” a convention. THIS CHART by Judi Caler shows who has the power to do what respecting an Article V convention.

Delegates to an Article V convention are performing a federal function – they are not under the authority of the States.

Furthermore, Delegates are the sovereign representatives of The People and thus are vested with plenipotentiary powers to alter or abolish our form of government – our Constitution (Declaration of Independence, 2nd para).

This has already happened once 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.

And the Delegates to that convention disregarded the instructions of their States as well as the instructions of the Continental Congress.

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.

It is child’s play to figure out how to get around State’s “faithful delegate” laws.  This is how to do it:

Delegates can vote to make the proceedings secret – that’s what they did on May 29, 1787 at the federal convention where our present Constitution was drafted.

  • If the proceedings are secret, the States won’t know what is going on – and can’t stop it.
  • And if Delegates vote by secret ballot – the States would never know who did what.

So!  Do you see?  It would be impossible for States to prosecute Delegates who ignore State instructions.

Is it any wonder that James Madison, and Supreme Court Justices Arthur J. Goldberg and Warren Burger said that Delegates to an Article V convention can’t be controlled?

When James Madison and two former US Supreme Court Justices have warned that delegates to an Article V convention can’t be controlled, it is wicked to dismiss their warnings as “fear mongering”.

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January 27, 2016 - Posted by | Article V, Article V Convention, constitutional convention, Delegates to a convention can't be controlled, Federal Convention of 1787 | , , , , , , , , , , ,

11 Comments »

  1. Imagine living under a constitution written by the same people who imposed ObamaCare, at the urging of the sort of communist kooks who publish their malevolent screeds at Salon.com. At least the government would finally build that promised fence on the border. They would need it to keep us from escaping to Mexico.

    Liberals Call for a New Constitution
    http://moonbattery.com/?p=50912

    We all KNOW the kinds of people who would be chosen to be delegates. Congress is not likely to call for Publius Huldah to be one of them. No, they will be the establishment politicians who have run roughshod over our present Constitution.

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    Comment by topcat1957 | October 2, 2016 | Reply

  2. […] Source: Convention Supporters’ Myths about State Control of Delegates […]

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    Pingback by Convention Supporters’ Myths about State Control of Delegates | Topcat1957's Blog | March 21, 2016 | Reply

  3. […] Publius Huldah […]

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    Pingback by Convention Supporters’ Myths about State Control of Delegates | Grumpy Opinions | February 1, 2016 | Reply

  4. […] Publius Huldah […]

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    Pingback by Convention Supporters’ Myths about State Control of Delegates | Viewpoints of a Sagitarrian | February 1, 2016 | Reply

  5. Reblogged this on PUMABydesign001's Blog.

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    Comment by bydesign001 | January 31, 2016 | Reply

  6. Thank you Publius. Keep up your wonderful work to save our constitutional republic.

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    Comment by Pam Sommer | January 28, 2016 | Reply

    • I will. Thanks!

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      Comment by Publius Huldah | January 28, 2016 | Reply

  7. PH, thanks for clarifying this and other issues, your contributions are greatly appreciated. A recent interview with Marco Rubio revealed that he would support such a Convention…with a limited / defined scope or words to that effect. One more reason (Ineligible as not natural born) to keep him far from the white House.

    Like

    Comment by George Gaskill | January 27, 2016 | Reply

  8. Thank you… your work is both vitally important, and sincerely appreciated. 

     

    Gary

     

    Sent: Wednesday, January 27, 2016 at 9:58 AM

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    Comment by G Witzack | January 27, 2016 | Reply

    • Thank you, Gary! So is yours. And let me know if you ever want me to write on something – I seek to support those fighting in the trenches.

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      Comment by Publius Huldah | January 27, 2016 | Reply

  9. […] Source: Convention Supporters’ Myths about State Control of Delegates « Publius-Huldah’s Blog […]

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    Pingback by Convention Supporters’ Myths about State Control of Delegates « Publius-Huldah’s Blog « Los Diablos Tejano | January 27, 2016 | Reply


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