This presentation was given on April 17, 2017 at the beautiful old Supreme Court Chamber at the Tennessee Capitol Building in Nashville.
The proposed Constitution for the Newstates of America is HERE
The Chart which illustrates our Declaration, Constitution, federal structure, and enumerated powers is HERE.
The text of the “parental rights” amendment is HERE.
To see how six of Mark Levin’s “liberty amendments” do the opposite of what he claims, go HERE.
Federalist No. 16 is HERE. See next to last paragraph.
To see – on one page – proof of the original intents of the “interstate commerce”, “general welfare”, and “necessary and proper” clauses, go HERE.
HERE is a synopsis of what happened at the Federal Convention of 1787 re the development of Article V with links to the pages in Madison’s Journal of the Federal Convention.
Our Framers NEVER said the purpose of amendments is to restrain the feds if they usurp powers. What they actually said is:
The “novelty & difficulty of the experiment requires periodical revision” (Gerry at the federal convention on June 5, 1787);
“The plan now to be formed will certainly be defective, as the Confederation [Articles of Confederation] has been found on trial to be. Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account….”(Geo. Mason at the federal convention on June 11, 1787);
amendments remedy defects in the Constitution (Hamilton at the federal convention on Sep. 10, 1787);
useful amendments would address the “organization of the government, not … the mass of its powers” (Federalist No. 85, 13th para);
“amendment of errors” & “useful alterations” would be suggested by experience (Federalist No. 43 at 8.)
The Congressional Research Service Report dated April 11, 2014, is HERE. The Report exposes as false the assurances that the States would be in control of a convention. The Report says:
“First, Article V delegates important and exclusive authority over the amendment process to Congress…” (page 4)
“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; (5) setting internal convention procedures, including formulae for allocation of votes among the states; . . .” (page 4)
“. . . [In previous bills filed in Congress] [a]pportionment of convention delegates among the states was generally set at the formula provided for the electoral college, with each state assigned a number equal to its combined Senate and House delegations. Some bills included the District of Columbia, assigning it three delegates, but others did not include the federal district. . .” (page 37)
“… A related question concerns vote allocation in an Article V Convention. Would delegates vote per capita, or would each state cast a single vote, during the convention’s deliberations, and on the final question of proposing amendments?…” [then follows a discussion of different views on this undecided issue] (page 41)
“Article V itself is silent on membership in an Article V Convention, so it is arguable that Congress, in summoning a convention to consider amendments, might choose to include the District of Columbia and U.S. territories as either full members at a convention, or possibly as observers. As noted previously, some versions of the Article V Convention procedures bills introduced in the late 20th century did provide for delegates representing the District of Columbia, although not for U.S. territories . . .” (page 42)
Page 40 of the Report shows there doesn’t seem to be any:
“. . . constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention. . . “
So! As the Report states on page 27:
“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”
In other words, we’ll have to get a convention before we know how it is going to operate. But by then, it will be too late to stop it. And if the proceedings are secret, we won’t find out anything until they are finished.
The Chart which shows who (States, Congress, & Delegates) has the power to do what respecting an Art. V convention is HERE.
HERE is Rob Natelson’s speech of Sep. 16, 2010 announcing that he would no longer call it a “constitutional convention”, but would henceforth call it among other things, “a convention of states”. (pages 1-2)
HERE are the Articles of Confederation, our first Constitution. Article XIII required approval of amendments by the Continental Congress and by every State.
HERE is Federalist No. 40 (James Madison) See especially the 15th para.
HERE is the Resolution of the Continental Congress dated Feb. 21, 1787, to call a convention to be held at Philadelphia,
“…for the sole and express purpose of revising the Articles of Confederation…”
HERE are the Credentials of the Delegates to the Federal Convention of 1787 and instructions from their States. These Instructions encompassed:
“alterations to the Federal Constitution which, when agreed to by Congress and the several States, would become effective”: Virginia, Pennsylvania, Delaware, Georgia, S. Carolina, Maryland, & New Hampshire.
“for the purpose of revising the Federal Constitution”: Virginia, Pennsylvania, North Carolina, Delaware, and Georgia;
“for the sole and express purpose of revising the Articles of Confederation”: New York, Massachusetts, and Connecticut.
“provisions to make the Constitution of the federal Government adequate”: New Jersey
Rhode Island boycotted the convention.
HERE is the proposed Constitution for the Newstates of America. Article XII, Sec. 1 (page 27) addresses ratification by a national referendum.
Read HERE about The Constitution 2020 movement funded by George Soros and supported by Marxist law professors throughout the Country as well as Cass Sunstein and Eric Holder. They want a Progressive Constitution in place by the year 2020.
Read HERE about the Council on Foreign Relations’ (CFR) Task Force Report on the North American Union. Canada, the US, and Mexico are to merge and a Parliament will be set up over the 3 countries. The CFR site has a link to the Task Force Report. Read it!
James Madison’s Journal of the Federal Convention of 1787 shows that on May 29, 1787, the delegates to that convention voted to make their proceedings secret.
Here is Federalist No. 49 where James Madison warned against having a convention to address breaches of the federal Constitution.
HERE is James Madison’s letter of Nov. 2, 1788 to Turberville warning of the terrible dangers of an Article V convention. Madison NEVER supported the convention method of amending our Constitution.
Here is Federalist No. 85 (last para) where Alexander Hamilton said he “dreads” the prospect of another convention because the enemies of the Constitution want to get rid of it.
- [Note: Our Constitution was ratified by the 9th State on June 21, 1788. Federalist No. 85 was published during mid-August 1788. The anti-federalists wanted to get rid of our Constitution. They argued that our Constitution isn’t perfect – so we should have another convention so we can get a new Constitution. They also argued that Amendments to our Constitution are too hard to get it. Those were the arguments which Hamilton addressed in Federalist No. 85.]
Here is Justice Arthur Goldberg’s op ed in The Miami Herald of Sep. 14, 1986 where he warns us that “…any attempt at limiting the agenda would almost certainly be unenforceable.”
HERE is Chief Justice Warren Burger’s June 22, 1988 letter to Phyllis Schlafly:
“…there is no effective way to limit or muzzle the actions of a Constitutional Convention * * * After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda * * * A new Convention could plunge our Nation into constitutional confusion and confrontation at every turn…”
Justice Scalia said on April 17, 2014 at the beginning of this video
“I certainly would not want a Constitutional Convention. I mean whoa. Who knows what would come out of that?”
- [The convention lobby quotes Law Professor Scalia from 1979, when he didn’t object to an Article V convention. By 2014, the wiser Justice Scalia had changed his mind & now “feared” a convention.]
HERE are additional letters and articles by eminent Jurists and scholars to the same effect.
HERE is where James Madison said our Constitution depends on the people having the “virtue and intelligence to select men of virtue and wisdom” to office. [see text at 223]
Since the States created the federal government, they are the final authority on whether their creature has violated the constitutional compact the States made with each other. Those are our Framers’ words – you can find them HERE and HERE.
HERE is the Pew Report: At the “select a state” box, you can find out what percentage of your State’s revenue was from federal funds.
For a model Rescission Resolution, go HERE and then see box on right side which says, “Take Action”.
By Publius Huldah
Do you remember the public discussions which went on for years about the proposed equal rights amendment to our federal Constitution? That’s how it’s supposed to be before an amendment is ratified: The People get an opportunity to hear the arguments, discuss it among themselves and their state legislators, and reject amendments which are bad.
What if someone found a way to circumvent this pesky public discussion, and get an amendment ratified before The People found about it? And even before the state legislators who ratified it found out what they had done? And what if this amendment delegated massive new taxing powers to Congress?
Such a scheme has been developed by Compact for America (CFA). They present their already prepared compact legislation to state legislators as a “balanced budget amendment”; and urge them to get it passed by their state legislature.
The provisions which authorize Congress to impose the new taxes, and which provide for pre-ratification of the new taxes amendment, are buried in some 15 pages of single-spaced excruciatingly convoluted and boring writing. Rare is the legislator who has the time to wade through the verbiage and figure out what it says. 1
Once three fourths of the States have passed CFA’s compact legislation, the new taxes amendment is thereby ratified.
So that’s how an amendment to our Constitution which delegates massive new taxing powers to Congress can be ratified before The People know what has been done to them; and before the state legislators who did it find out what they have done to the American People. 2
The scheme was passed several years ago by state legislators in Alaska, Georgia, Mississippi, and North Dakota; was passed this year by Arizona Legislators as HB 2226 and signed by the Governor of Arizona on March 30, 2017; 2 and is now pending in Missouri as SB 13, in Oklahoma as HB 1434, and in Texas as SB 959. Arkansas rejected it a week or so ago.
Let’s look at the particulars of the compact legislation using the Arizona Bill as the example.
HB 2226 does nothing to control federal spending or “balance the budget”
Section 1 of the Compact [page 2, line 16 of the pdf edition] allows Congress to spend as much as they take from us in taxes or add to the national debt! But that’s what Congress has been doing!
Sections 2 & 3 [page 2, lines 20-37] permit Congress to raise the debt whenever 26 States agree.
Section 4 [page 2, lines 38 et seq.] is a joke: Who believes Congress will impeach a President for refusing to “impound” an appropriation made by Congress?
CFA’s BBA is an actually a grant of MASSIVE new taxing powers to Congress.
The true purpose of the compact legislation is hidden behind promises such as, “cutting federal spending”, “balancing the budget”, and “scaring Congress”. The true purpose of the Compact is to delegate to Congress MASSIVE NEW TAXING POWERS. Specifically, it authorizes Congress to impose a national sales tax and a national value added tax (VAT).
This is where the grant to Congress of the new taxing powers is set forth:
Section 5 [page 3, lines 4-6] permits Congress, by a 2/3 vote of each House, to impose a new or increased “general revenue tax”.
Section 6 [page 3, lines 24-26] defines “general revenue tax” as “any income tax, sales tax, or value-added tax levied by the government of the United States…”
There it is! All Congress needs to impose a national sales tax and/or a national VAT tax (in addition to the income tax) is a 2/3 vote in each House!
Section 5 also permits Congress, by a simple majority of each House, to impose a “new end user sales tax” which would replace the federal income tax. But nothing requires Congress to impose a “new end user sales tax” to replace the income tax.
It will be up to Congress to decide whether to impose a new national sales tax and/or VAT tax on top of the existing income tax (if they get 2/3 vote of each House); or whether to impose a new end user sales tax to replace the income tax (if they get only a simple majority in each House).
So! CFA’s version of a BBA is not about “balancing the budget”, or “scaring Congress”, or “reducing federal spending”. It’s about giving the federal government massive new taxing powers!
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.”
When State Legislatures pass compact legislation such as HB 2226, they are actually pre-ratifying the new Amendment to the US Constitution which grants these massive new taxing powers to Congress.
Please note: When State Legislatures pass bills like HB 2226, they are RIGHT THEN AND THERE RATIFYING THE AMENDMENT. I’ll show you:
HB 2226 says in Article IV, Section 7 (e) of the Compact [page 6, line 43, et seq.]:
“When any Article of this Compact prospectively ratifying the Balanced Budget Amendment is effective in any Member State, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States…” [boldface mine]
Article IX, Section 1, of the Compact [page 11, line 41 et seq.] says:
“Each Member State, by and through its respective Legislature [passage of HB 2226], hereby adopts and ratifies the Balanced Budget Amendment.”
There it is: When State legislatures pass bills like HB 2226, they are thereby ratifying an amendment to the US Constitution which delegates massive new taxing powers to Congress.
When 38 States have passed legislation like HB 2226 – and when Congress approves it, 3 our Constitution is thereby AMENDED and Congress now has constitutional authority to impose a new national sales tax and a national VAT tax – even while keeping and increasing the income tax.
The provisions of the compact which deal with a convention – Articles V through VIII – are a smokescreen which obscures from state legislators the fact that when they pass legislation like HB 2226, they are pre-ratifying the amendment to our federal Constitution.
The convention is a formality – a free trip at taxpayers’ expense.
What’s the Solution?
Don’t feed the beast by giving it massive new taxing powers. The solution is to downsize the federal government to its enumerated powers.
Our Constitution already limits federal spending to the enumerated powers – learn what those powers are, and enforce the Constitution we already have.
And use your heads! You who foolishly believe that a BBA [whether CFA’s version or another version] will force Congress to reduce spending, know this: a BBA is a mandate for Congress to increase taxes, among other horrors.
1 Legislators don’t read the bills they vote on. That’s why they have bill summaries. The Compact legislation filed in Arizona has two bill summaries: HERE and HERE. Can you find where Arizona Legislators were informed they would be pre-ratifying a new taxes amendment to the US Constitution if they passed the compact legislation?
2 Arizona Republican Legislators were warned over & over & over again; the Governor of Arizona was also warned. But they ignored the warnings, and are without excuse.
3 Pursuant to Article I, §10, last clause, US Constitution, CFA’s Compact is not effective unless Congress approves it. Will Congress approve a Compact Amendment which delegates massive new taxing powers to them?