Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments!

By Publius Huldah

What Mark Levin says in “The Liberty Amendments” in support of an Article V convention is not true.¹

On one side of this controversy are those who want to restore our Constitution by requiring federal and State officials to obey the Constitution we have; or by electing ones who will.  We show that the Oath of Office at Art. VI, last clause, requires federal ² and state officials to support the Constitution.  This requires them to refuse to submit to – to nullify – acts of the federal government which violate the Constitution.  This is how they “support” the Constitution!

We note that the Oath of Office requires obedience to the Constitution alone.  The Oath does not require obedience to persons, to any agency of the federal government, or to any federal court.

We understand that resistance to tyranny is a natural right – and it is a duty.

We have read original writings of our Framers and know what our Framers actually told the States to do when the federal government violates the Constitution: Nullification of the unlawful act is among the first of the recommended remedies – not one of which is “amendment of the Constitution”. ³ 

It is already proved in James Madison Rebukes Nullification Deniers, that our Framers endorsed nullification by States of unconstitutional acts of the federal government.  Thomas Jefferson and James Madison summed it up as follows:

“…when powers are assumed which have not been delegated, a nullification of the act”⁴ is “the natural right, which all admit to be a remedy against insupportable oppression…” ⁵

The claims of the nullification deniers have been proven to be false.  To persist in those claims – or to do as Levin seems to do and ignore the remedy of nullification – is intellectually and morally indefensible.  So why don’t they apologize to the public and recant their errors?

Instead, they continue to tell us that what we need is a “convention of the States” (which Levin and his mentors insist is provided by Article V of the Constitution) to propose amendments to the Constitution, and that this is the only way out.

Yes, they tell us, the only way to deal with a federal government which consistently ignores and tramples over the Constitution is …. to amend the Constitution!

Do you see how silly that is?

 Levin’s Amendments

Levin starts his book by saying how bad things are and how the federal government has trampled and mangled the Constitution.  Those pages are true.  And they serve the purpose of making readers believe that Levin is “on our side”.  And because of that, many are induced to lay aside their critical thinking skills and accept on trust what Levin tells them. That is a deadly mistake.

Levin’s amendments actually gut our Constitution.  Most increase the powers of the federal government by making lawful what is now unconstitutional because it is not an “enumerated power”. Others put a band-aid on a problem without solving the problem. The amendments pertaining to “overrides” undermine the Constitution as the Objective Standard of what is lawful and what is not – and substitute majority vote therefor. ⁶

A Defective Constitution? Or a Disobedient Federal Government?

We must distinguish between defects within a Constitution, and a government’s refusal to obey the Constitution to which it is subject.  These are different problems calling for different remedies.

There were defects in the Constitution produced by the Federal Convention of 1787, such as provisions permitting slavery.  Provision for amendment must be made to repair such defects. ⁷

But our problem now is a disobedient federal government.  That calls for different remedies – and our Framers spelled them out. ³

It is idiotic to assert that you can rein in a federal government which ignores the Constitution by amending the Constitution!  Yet, that is “The Levin Plan”.

Now let us read Article V:

What Article V Really Says

“The Congress, whenever two thirds of both Houses shall deem it 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, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress…”  [boldface mine]

Note that Congress “calls” the Convention.  The States don’t “call” it – all they can do is apply to Congress for Congress to call it.

There are many questions about Article V conventions; and James Madison raised them on two occasions at the Federal Convention of 1787: ⁸

• On September 10, Madison remarked on the vagueness of the term, “call a Convention for the purpose”:  How was a Convention to be formed?  By what rule decide?  What the force of its acts?
• On September 15, Madison commented on this again, and said that difficulties might arise as to the form, the quorum, etc., which in constitutional regulations ought to be avoided when possible.

Mr. Madison saw that these questions are not addressed by Article V.  Eagle Forum has also raised this issue in Twenty Questions about a constitutional convention.

But since Congress “calls” it, Congress has the power to appoint whomsoever they will as delegates;⁹  and nothing in the Constitution says they can’t do this.

Now note that Art. V provides for two conventions:

• The first is the one called by Congress to propose amendments.
• After amendments are proposed, Art. V empowers Congress to select the mode of ratification: Shall the State Legislatures be the body to ratify or reject?  Or shall each State convene a convention for the purposes or ratifying or rejecting the proposed amendments?

The only convention Art. V authorizes States to convene is one within their respective borders to ratify or reject an amendment proposed by Congress or by the convention Congress called.

What Levin Claims Article V Says

As you see, Art. V makes no provision for a “state convention process” where the States control the convention.

Yet Levin makes the bizarre claims (p 16-17) that Art. V authorizes this “state convention process”; and that the convention called by Congress pursuant to Art. V is really:

• A “creature …of the state legislatures”;
• That during ratification of our Constitution, the Founders always talked about conventions for proposing amendments as representing the States; and
• That the state legislatures determine the method for selection of their delegates; and the subject matter of the convention.

Does Levin cite any authority for these claims?  Words of our Framers, perhaps?

No!  He cites an article written by former law professor, Robert G. Natelson, who Levin says is an “expert” on this “state convention process” (p16, notes 28 & 29).

Here is the article by Natelson Levin cites as “authority” for his claims.  Note that:

• Natelson announces that he will no longer call what he wants a “constitutional convention”.  Henceforth, he will call it a “convention for proposing amendments”, an “Article V Convention”, an “amendments convention” or a “convention of the states”. ¹⁰
• Natelson doesn’t cite any authority from our Framers for the claims Levin regurgitates in his book.  Instead, Natelson cites other law review articles; and
• Natelson claims it was “custom” at the time of our Founding for States to have all these powers in conventions.

Custom?

Natelson’s article is no authority at all.  And even if he had proven that the “custom” at the time of our Framing was for States to have all these powers in conventions [someone really should have told James Madison about this “custom”]; what is there to make the Congress of today follow this 18^th century  “custom” when Congress “calls” the convention under Art. V?

Levin also says he knows Congress’ role in the “state application process” is minimal and ministerial because:

• The Framers and ratifiers adopted this “state convention process” for the purpose of establishing an alternative to the congressionally initiated amendment process; and
• Alexander Hamilton said so in Federalist Paper No. 85.

Here, Levin commits the logical fallacy of “circular reasoning”:  We know, Levin argues, that Congress’ role in the state application process is “minimal and ministerial” because the Framers adopted this as an alternative to the method where Congress proposes the amendments directly.  Do you see?

Levin next claims that in Federalist No. 85, Hamilton said, respecting an Art. V convention, that Congress has “no option”, “will be obliged”, and that “nothing in this particular is left to the discretion of that body” (p 16-17).

Levin misrepresents what Hamilton says.  In Federalist No. 85, Hamilton merely says that Congress must call a convention when two-thirds of the States apply for it:

 “… By the fifth article of the plan, the Congress will be obliged … on the application of the legislatures of two thirds of the States … to call a convention for proposing amendments … The words of this article are peremptory. The Congress “shall call a convention.” Nothing in this particular is left to the discretion of that body. …”

Levin wrongly extends Congress’ lack of discretion on the issue of “to call or not to call” to what follows the “call”:  How the convention is to be formed, the appointment of delegates, the other  questions raised by Madison on September 10 & 15, 1787, and Eagle Forum’s Twenty Questions.

I have never seen any of the Framers say that Congress has no power over what follows Congress’ “call”; and Levin doesn’t produce evidence that any of them ever did.

Levin misrepresents what happened at the Federal Convention of 1787.

This 4 page chart lays out what really happened at that Convention respecting Article V.

To introduce his discussion of that Convention, Levin makes the following fanciful claims:

“The Constitution itself provides the means for restoring self-government and averting societal catastrophe (or, in the case of societal collapse, resurrecting the civil society) in Article V.” (p 12)

“The fact is that Article V expressly grants state legislatures significant authority to rebalance the constitutional structure for the purpose of restoring our founding principles should the federal government shed its limitations, abandon its original purpose, and grow too powerful…” (p12-13)

Article V says no such thing!  Read it and see.

Levin then quotes Edmund Randolph & George Mason, delegates to the Convention, as support for his claims respecting the purpose of Art. V.

But Randolph & Mason wanted a method of amendment Congress had nothing to do with. This was an issue at the Convention; Randolph & Mason held the minority view.

The majority view – the one reflected in the ratified version of Article V – involves Congress in both methods of amendment.  Congress either:

•   Proposes the amendments; or
•  “Calls” a convention when the Legislatures of 2/3 of the States apply for it.

Our Framers’ Concerns about “Conventions”

Now let us examine the “convention for proposing amendments” which Congress calls pursuant to Art. V; the “runaway” the Federal Convention of 1787 turned into, and “general conventions”.

We saw that James Madison raised concerns on September 10 & 15, 1787, about Art. V conventions called by Congress, because of questions respecting how was a Convention to be formed, by what rule, & the procedures of such conventions.

Yet Levin claims that in Federalist No. 43, Madison shows he considered an Art. V convention as prudent a method of amendment as having Congress propose the amendments (p 15).

Madison does not say that in Federalist No. 43! ¹¹

Second, Levin’s claim is contradicted by Madison’s words in his letter of November 2, 1788 to G. L. Turberville on the same subject.

In his letter to Turberville, Madison speaks, with reference to modes of originating amendments, of both a “general convention” and an “Article V Convention”, on the one hand; and, on the other hand, “the origination of amendments in Congress”.

Madison advises that amendments be originated in Congress – not in an Art. V Convention, for the various reasons set forth in his letter; and that:

“2. A [“general”] Convention cannot be called without the unanimous consent of the parties who are to be bound by it, if first principles are to be recurred to; or without the previous application of ⅔ of the State legislatures, if the forms of the Constitution [Art. V] are to be pursued. The difficulties in either of these cases must evidently be much greater than will attend the origination of amendments in Congress, which may be done at the instance of a single State Legislature, or even without a single instruction on the subject…” [boldface mine]

Do you see?  Madison advises that when States want amendments, they instruct their Congressional delegation to pursue it.  This is the best way for the States to “originate amendments”!

That is the mode Madison strongly recommended; that is the mode we have followed.  On May 5, 1789, Rep. Bland (pages 258-261) introduced into Congress the petition from the State of Virginia for an Art. V Convention to propose amendments.  But on June 8, 1789, Madison (pages 448-460) introduced 12 proposed amendments for Congress to propose to the State Legislatures.  And on September 24, 1789, the House & Senate having agreed on the wording of the proposed 12 amendments; the House requested the President to transmit them to the States for ratification. 

If we cannot elect to Congress people who will follow the instructions of their State Legislatures & constituents and propose those amendments which actually need to be made; how can we trust Congress to “call” a convention?

And as to another “general” or “runaway” convention, perish the thought!:

On September 15,1787, in response to Randolph’s & Mason’s demands for another “general convention”,  Mr. Pinckney pointed out that nothing but confusion and contrariety will spring from calling forth the deliberations and amendments of the different States, on the subject of government at large.  States will never agree in their plans; and the deputies to a second convention, coming together under the discordant impressions of their constituents, will never agree.  “Conventions are serious things, and ought not to be repeated.”

In Federalist No. 85 (9^th para), Hamilton spoke of:

“…the utter improbability of assembling a new convention, under circumstances in any degree so favorable to a happy issue, as those in which the late convention met, deliberated, and concluded…”

James Madison warned against another general convention in his letter to Turberville :

“3… an election into it would be courted by the most violent partizans on both sides; it … would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric. … it seems scarcely to be presumable that the deliberations of the body could be conducted in harmony, or terminate in the general good. Having witnessed the difficulties and dangers experienced by the first Convention, which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America…” [boldface mine]

Do we have “violent partizans”, “individuals of insidious views”, and any who would exploit an opportunity to sap “the very foundations of the fabric” today?  Yes, we do.  They are in Congress, the executive branch, the federal Courts, “conservative” circles – and they are invading our Country at a furious rate.  And what now is the “present temper of America”?

Why a “Runaway” Article V Convention is a Real Possibility and a Grave Danger.

Pursuant to the authority granted by Article XIII of The Articles of Confederation, the Continental Congress Resolved on February 21, 1787 (p 71-74):

“Resolved that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several states be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the states render the federal constitution adequate to the exigencies of Government & the preservation of the Union.” [boldface mine]

So!  The Convention of 1787 was called by the Continental Congress for the “sole and express purpose” of proposing revisions to the Articles of Confederation.

But the delegates ignored these limitations and wrote a new Constitution. ¹²

As to delegates, the Continental Congress expressly directed the States to appoint the delegates.

But there is no requirement in Art. V of our Constitution that States be permitted to appoint delegates; and no “custom” from the era of the Continental Congress can bind the Congress of today.

So if Congress of today were to call an Art. V convention, Congress would most likely get delegates who would do what Congress wants.

And will Congress appoint Islamists as delegates?  La Raza Mexicans?  Other special interest groups?  How can Congress be prevented from appointing whomsoever they will?

And if the delegates duly appointed by Congress, and acting under the Authority of Congress, come up with a new Constitution, will the new Constitution outlaw Christianity?  (Obama is outlawing it in the military, and Congress isn’t doing a thing about it).  Will it institute Sharia? Will it disarm the American People?  Will it follow the UN Model where “rights” are privileges granted and withdrawn by the State?  Will it outlaw private property?

And this new Constitution will have its own mode of ratification.  This new mode of ratification can be whatever the delegates want – a majority vote in Congress, perhaps?

There is no way to stop them from “running away” and writing a new Constitution with its own mode of ratification. They can cram a new Constitution down your throat and you won’t be able to do a thing about it.

On page 15, Levin commits a formal fallacy (an argument defective as to form) when he attempts to prove that an Art. V convention can’t possibly turn into a “runaway”. Here is the form of his argument:

1. He was originally skeptical of “the state convention process” because it could turn into a “runaway”.
2. Art. V says a proposed amendment has no effect unless ratified by ¾ of the States.
3. Therefore, the “state convention process” can’t result in a “hijack of the Constitution” [“runaway”].

His conclusion (3) is a form of non sequitur – it doesn’t follow from the premises (1 & 2).  And our concern is not with amendments – those are subject to approval by three-fourths of the States.  Our concern is that the convention will “runaway” and write a new Constitution with a new mode of ratification which does not require approval by three-fourths of the States.  Do you see?

Conclusion

Few of us can name even 5 of the enumerated powers of Congress and 4 of the enumerated powers of the President.  Why?  Because we never bothered to learn our Constitution.  Alexander Hamilton expected THE PEOPLE to be “the natural guardians of the Constitution”.  But you can’t “guard” the Constitution if you don’t trouble yourself to learn it.

Since we never bothered to learn the Constitution, we elected politicians who also hadn’t bothered to learn it.  So they ignored the Constitution when they assumed office.

This is why, after more than 100 years of electing politicians who ignore the Constitution, we are now under tyranny and headed for disaster.

Do we now want a way out which allows us to avoid confronting our own personal failures as Guardians of the Constitution?  When charlatans who “sound good” offer us a scapegoat, do we jump on it?  Do we chant, “The Constitution is broken!  Fix the Constitution!”  And shall we pretend that we too know all about how to amend a Constitution most of us never bothered to read?

Our Constitution depended on our knowing our Constitution and in electing representatives who would obey it – and getting rid of them when they didn’t.

James Madison said on June 20, 1788 at the Virginia Ratifying Convention:

“…. But I go on this great republican principle, that the people will have virtue and intelligence to select men of virtue and wisdom. Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks—no form of government can render us secure. To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea. If there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men. So that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them.”

We are in a “wretched situation” because we lost our virtue.  Renounce handouts and pride in pretended “knowingness”.  Learn the enumerated powers of Congress and the President.  This chart will get you started.  Learn about nullification.  Form delegations and go to your State Legislators, educate them and demand they start nullifying unconstitutional acts of the federal government.  States should nullify obamacare!  If Legislators aren’t willing to renounce federal funding, recall or defeat them! PH

Endnotes:

¹ We must stop believing whatever we are told.  We must demand proof by original source documents, and think for ourselves.

² The President’s Oath is set forth at Art. II, §1, last clause.

³ These are among the remedies our Framers advised when the federal government usurps power:

►In Federalist No. 44 (12^th para from end), Madison says elect more faithful representatives!:

“… In the first instance, the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in the last resort a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers…”

But we keep reelecting the same sorry people because we know their names and they are in our party.

►States should nullify unconstitutional acts of the federal government! This is proven with links to original sources in James Madison Rebukes Nullification Deniers.

►In Federalist No. 46 (last half), Madison shows how individual States or several States carry out various degrees of resistance to the federal government’s unconstitutional encroachments.  See also: What Should States Do When The Federal Government Usurps Power?

►In Federalist No. 28 (last 5 paras), Hamilton says:

“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success …” [italics mine]

“…The obstacles to usurpation and the facilities of resistance increase with the increased extent of the state, provided the citizens understand their rights and are disposed to defend them…”

“It may safely be received as an axiom …that the State governments will … afford complete security against invasions of the public liberty by the national authority…. The legislatures … can at once adopt a regular plan of opposition…”

“…When will the time arrive that the federal government can raise and maintain an army capable of erecting a despotism over the great body of the people … who are in a situation, through the medium of their State governments, to take measures for their own defense…”

⁴ Thomas Jefferson, The Kentucky Resolutions of 1798, 8^th Resolution.

⁵ James Madison, Notes on Nullification (1834). The quote is near the end.  Use “find” function.

⁶ Later, I will show why Levin’s proposed amendments gut our Constitution.  Meanwhile, you read the Constitution, learn the enumerated powers of Congress, and see if you can figure out what is wrong with the proposed amendments.  Use your own head and trust no one.

⁷ Alexander Hamilton said on Sep. 10, 1787 that an easy mode should be established for fixing defects which will probably appear in the new system ... the National Legislature will be the first to perceive, and will be most sensible to, the necessity of amendments…

⁸ What happened at the Federal Convention of 1787 respecting Art. V is laid out in this 4 page chart.

⁹ “Citizens for Self-Governance”, headed by the Michael Farris who is pushing the “parental rights amendment, represents that the “Convention of the States” will soon:

“…open the application process for leadership positions across the country. Consider applying to be a District Captain, Legislative Liaison, or State Director…”

thereby making the gullible believe that they can be a “player” in this “Convention of the States”.

¹⁰ Phyllis Schlafly, Kelleigh Nelson, Henry Lamb and others have done such a magnificent job of warning The People of the dangers of a constitutional convention, that many now understand that such is likely to result in a new Constitution – with its own method of ratification – being forced on us.

So!  Proponents now call it by another name: “Convention of the States” or “state convention process”.  Is the purpose of the name change to deceive you? To make you think it is something “different” from the Art. V convention Congress calls?

¹¹ In Federalist No. 43, Madison comments on Art. V:

“8…That useful alterations will be suggested by experience, could not but be foreseen. It was requisite, therefore, that a mode for introducing them should be provided. The mode preferred by the convention seems to be stamped with every mark of propriety. It guards equally against that extreme facility, which would render the Constitution too mutable; and that extreme difficulty, which might perpetuate its discovered faults. It, moreover, equally enables the general and the State governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other…”

¹² We were fortunate (except for slavery) with the Constitution of 1787, even though the Federal Convention was a “runaway”.  Look who was there!:  George Washington, James Madison, Alexander Hamilton, and Benjamin Franklin; and they weren’t drowned out by subversives.  They would be today. PH

September 15, 2013; revised Dec. 5, 2013; Dec. 31, 2013.

Propaganda And The Conspiracy against Our Constitution

By Publius Huldah

The “Convention of States” (COS) Frequently Asked Questions (FAQs) page contains 989 words – none of them true – except for these which appear in the first paragraph:

“The federal government is spending this country into the ground … It’s time American citizens took a stand and made a legitimate effort to curb the power … of the federal government.”

In my last paper, I showed how our Constitution itemizes what Congress is authorized to spend money on; and that we have a $17 trillion debt because everyone ignores the limits the Constitution places on Congress’ spending powers.

To curb the federal government, We must do things we have neglected for over 100 years: Reclaim our role as “the natural guardians of the Constitution”; ¹ learn our Founding Principles & Documents; enforce them with nullification and by rejecting candidates who don’t know them by heart; stop relying on politicians to handle things; ² reclaim personal responsibility; and get ready for a rocky road ahead.

But the “convention of states” conspirators ³ say the only solution is a convention to “propose amendments” to the Constitution.  They tell lies about nullification – the one remedy our Framers actually advised when the feds usurp powers. They say our Constitution is the problem. They say it contains “loopholes and vague phraseology” which politicians exploit. They suggest the States are victims of federal tyranny; are the ones to “fix” our Constitution; and that the States call and control the convention.  They say it is impossible for the convention to force a new Constitution down our throats.  But I submit that is precisely what they intend to do.

Jordan Sillars, Communications Director for COS, let the cat out of the bag when he said:

“… 3. I think the majority of Americans are too lazy to elect honest politicians. But I think some men and women could be found who are morally and intellectually capable of re-writing the Constitution…” [boldface mine].

Contrary to what the conspirators say, there is no way to stop the convention from “running away”: All the delegates need do is come up with a new Constitution. It can provide for any method of ratification they want.

That is what happened in 1787 when the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. ⁴ The delegates ignored their instructions and wrote an entirely new Constitution with its own new method of ratification.

The Conspirators’ Campaign of Propaganda against The People

The conspirators’ claims spit in the Face of Facts and Reality.  So how have they been able to convince people to believe their claims; and go along with their destructive scheme?

They are exploiting the ignorance and desperation of The People by manipulating them with propaganda. Their FAQ’s employ nine well known techniques of propaganda: ⁵

• Assume the Major Premise
• Appeal to Desperation
• Claim there is a Panacea
• Repetition for Emphasis
• The Big Lie
• Fabricated Legal Principles & Precedent  [“Imaginary Evidence”]
• Oversimplify
• Exploit Wishful Thinking
• The Self-sell.

Assume the Major Premises

Throughout the FAQs, it is assumed that:

1. The purpose of amendments is to control the federal government;
2. Our Constitution is defective;
3. That there is such a thing as a “convention of states” which States call and control;
4. States will protect us from the federal government; and
5. The federal government will obey amendments to the Constitution.

These are the five major assumptions upon which their scam is constructed. They don’t prove them – they know many will blindly accept them. Only thoughtful people examine assumptions.

But you can become a “thoughtful person” if you will start examining what you are told.

Their first major premise: The Truth is two (2) delegates at the Federal Convention of 1787 (Mason & Randolph) wanted States to be able to amend the Constitution without involvement of Congress. The conspirators’ crazy and dishonest claim that the purpose of amendments is to control the federal government is based on Mason’s & Randolph’s comments you can find here.  Theirs was the minority view; Art. V provides for Congress’ involvement in both methods of amendment; and Mason & Randolph objected so much to our Constitution they refused to sign it.

Our Framers at the Federal Convention of 1787 understood that the purpose of amendments is to remedy defects in the Constitution [slavery]; and that the novelty and difficulty of what they were doing would require periodic revision [the 11^th, 12^th, & 27^th amendments].  Hamilton said in Federalist No. 85 (13^th para) that useful amendments would address the “organization of the government, not … the mass of its powers”.  Madison said in Federalist No. 43 (at 8.) that “useful alterations will be suggested by experience.”

People are deceived by the conspirators’ first premise because they don’t understand that our Constitution created a federal government of strictly limited and defined – enumerated – powers. Everything the feds have authority to do is itemized in our Constitution.  Does our Constitution delegate to the feds power to ban incandescent light bulbs, determine portion sizes of school lunches, and force us into obamacare?  No! So what do you do when the feds usurp powers over such objects?  Amend the Constitution?  Really?  How would you amend the Constitution to fix such usurpations?  Make an Amendment saying the feds can’t regulate light bulbs?  And so on for every power they usurp?

It is crazy to say the purpose of amendments is to control the federal government. When the feds usurp powers not delegated, no amendment saying they can’t do what they did will restrain them. They violated the Constitution when they usurped the power in the first place!

Furthermore, the amendments they write don’t restrict the feds:  Michael Farris’ “parental rights amendment” delegates power over children to the federal and state governments, and empowers judges to determine the extent of that power! One of Randy Barnett’s amendments gives the feds lawful power over “harmful emissions” [EPA now exercises usurped powers], and power “to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States” [read that again!]. Mark Levin’s amendments also increase the powers of the feds by legalizing powers they have usurped. His “override” amendments remove the Constitution as the standard of what is lawful and what is not, and substitute majority vote. Yet the conspirators say such amendments would curb the federal government!

But we must not be distracted by proposed amendments. Their amendments are most likely a pretext to get a “convention” so they can carry out their plot to replace our Constitution.

Their second major premise: Our Constitution is the cause of our problems.

Except for some of the existing Amendments Americans already got manipulated into supporting, what is wrong with our Constitution?  For the most part, it is easy to understand. For phrases federal judges have perverted – such as the “interstate commerce”, “general welfare”, & “necessary and proper” clauses, a quick look into The Federalist Papers usually reveals the original intent.  I illustrate that here.

This one page chart illustrates the structure of our federal system and the enumerated powers delegated to the federal government. What needs “fixing”?  We are in our present mess because for 100 years, we elected & re-elected politicians to federal and state office who ignore it.

All our Constitution wants is (1) to be learned & obeyed; and (2) to have repealed some of the existing Amendments. Repeal those the same way we repealed the 18^th Amendment. We don’t need a “convention” for that. Instead of sending ignorant phonies to Congress; send people who know the Constitution [make them pass tests before you support them] and commit to repealing the 17^th Amendment and other ill-considered Amendments.

Their third major premise: That there is such a thing as a “convention of states”: The FAQs say “Article V, Section 2 of the Constitution” gives state legislatures the power to call a convention; that Federalist No. 85 says Congress has “no control over the delegates”; that “Virginia called the Philadelphia Convention of 1787”; and that “Basic common sense” and “Agency law 101” says “Each state chooses its own delegates”.

Those claims are truly bizarre.

Read Art. V:  There is no “Section 2”.  Article V says Congress calls the convention – not state legislatures.  All state legislatures can do is apply to Congress for Congress to call it.

Federalist No. 85 says Congress must call a convention when two-thirds of the States apply for it. Hamilton does not say Congress has “no control over the delegates”! ⁶

Virginia did not “call” the Philadelphia Convention of 1787!  The Continental Congress did.  Their Resolution calling the 1787 convention, pursuant to Art. 13 of The Articles of Confederation, is quoted at endnote 4.  And when the Continental Congress called the 1787 convention, they specifically provided that delegates would be appointed by the States. ⁴

But Art. I, Sec. 8, last clause, of our Constitution delegates to Congress power to make all laws necessary and proper to carry out the powers vested in it by Art. V.  So Congress has the power to organize the convention, appoint the chairman and delegates, etc.  The Mason & Randolph view was rejected. And the clear words of our Constitution cannot be changed by some ignorant person’s subjective conceptions of “common sense” and “Agency law 101”!

Their fourth major premise: That States are victims of federal tyranny and will rein in the federal government given the opportunity at a convention.

But look at what States have done. They have acquiesced in federal usurpations in exchange for federal funds. The States adopted unconstitutional federal education schemes such as “race to the top” and common core for the federal grant money.

DHS is becoming America’s equivalent of the East German STASI and Soviet KGB. With the connivance of State governments, DHS is taking over local & State law enforcement. And read about the fusion centers in every State – the States acquiesced!

John Barnes shows that State governments no longer focus on managing “a relatively self-contained polis”, but on “siphoning as much money as possible from the federal government”; and that “state government is becoming a mere pass-through for federal funds and an apparatus of federal policy.”  Barnes shows us how State governments all over the Country are bloated with bureaucrats whose job is to “maximize federal funding”.

Google “maximize federal funding” – you will see.  No rational person can believe that the politicians in the States – who are the ones who sold us to the feds in the first place – are the ones to rescue us from the feds.  If the States wanted to, they could rein in the feds right now by using the remedy our Framers really did advise: Nullification.

Their fifth major premise: That the federal government will obey amendments.

But think! The feds continually violate the Constitution we have.  They exercise thousands of usurped powers.

The conspirators insist the feds would obey future amendments because the feds haven’t violated recent amendments, such as women’s suffrage.  Well, of course not!  Of the 15 amendments ratified since the 12^th in 1804; 10 increased the powers of the feds (13^th, 14^th, 15^th, 16^th, 17^th, 18^th, 19^th, 23^rd, 24^th, 26^th); ⁷ and 4 were “housekeeping” amendments (20^th, 22^nd, 25^th, 27^th).

Do you see?

Appeal to Desperation

The gist of this propaganda technique is to argue that we must do something – we can’t do nothing – so let’s do what I propose.  And we better do it “before it is too late”.

Many Americans are in a panic over the rapidity with which Obama – with the connivance of the Republican and Democrat parties and the State governments – is setting up a national totalitarian police state.

But we mustn’t allow the conspirators to exploit our desperation so as to induce us into surrendering our Constitution. All Americans who have fallen for the conspirators’ scam have been manipulated by THIS technique.

We have effective options.  We have failed to gain the knowledge which would enable us to be the Sovereigns we are supposed to be.  We have contented ourselves with blind faith in talk show hosts, politicians, and other charlatans. We are what needs fixing.

Claim there is a Panacea

With this, you claim that what you are offering is a magical cure for all the problems.

The conspirators say all we have to do to fix our problems is have a “convention of states”. They say they will propose amendments to the Constitution, and the federal government will be “fixed”.  They ignore the facts that everyone has ignored the Constitution we have; that it was the States who sold us out in the first place; and that We The People kept reelecting ignorant & glib politicians who violate the Constitution to state & federal office.

There is no such thing as a panacea. We have a long road ahead of us to fix the problems We caused by our own folly, ignorance, and laziness.

Repetition for Emphasis

With this, you drive home a few simple and unproven points by repeating them over and over until the public believes them.

The five major premises listed above are repeated over & over & over & over & over.  People believe them because they have been programed to believe them.   

Orange quotes Adolf Hitler:

“It [propaganda] must repeat those points over and over again until the public believes it. The principles behind propaganda are the same principles of mind control, hypnotic suggestion, and mental programming: distraction and repetition. With propaganda, distraction draws attention away from information that is true and directs attention to information that is false. Repetition of the false information imbeds it in your subconscious mind so that your acceptance of its truth becomes a conditioned response. You accept this information as true without thinking whenever it is presented to you again.”

This is why most of mankind has lived under tyranny.  People will believe anything if they hear it enough.  Folks!  You better start facing Reality and taking charge of what you believe.

The Big Lie

The gist of this is to:

 “…keep repeating the same lie[s] over and over, in spite of all arguments and evidence to the contrary, until people believe it.  Massive repetition is essential.”

It has already been proved by this and other writers that everything the conspirators say about nullification and a “convention” is false. But they keep repeating it.  Why?  Because massive repetition of lies will induce people to believe them.

Fabricated Legal Principles & Precedent [“Imaginary Evidence”]

The FAQs make various assertions about how this “convention of states” would operate, such as:

• “The applications must request a convention of states for the same subject matter” or “same issue”;
• “States are free to develop their own selection process for choosing their delegates…  each state has one vote at the convention.”

The FAQs say this reflects “widely accepted” “procedures and rules” Rob Natelson found during his “extensive research”, which were followed in the “interstate conventions” which “were common” during “the Founding Era”.

Folks! If these customs existed and established binding precedent on the Congress we created when we ratified our Constitution, why did James Madison not know about them?  During the Federal Convention of 1787, Madison said, respecting Article V:

September 10, 1787: Mr. Madison remarked on the vagueness of the terms, “call a Convention for the purpose”, as sufficient reason for reconsidering the article.  “How was a Convention to be formed? – by what rule decide? – what the force of its acts?”

September 15, 1787: Mr. Madison did not see why Congress would not be as much bound to propose amendments applied for by two-thirds of the States, as to call a Convention on the like application.  He saw no objection, however, against providing for a Convention for the purpose of amendments, except only that difficulties might arise as to the form, the quorum, &c., which in constitutional regulations ought to be as much as possible avoided.

Do you see?  And don’t forget: Article V says Congress calls the convention; and Art. I, Sec. 8, last clause, delegates to Congress power to make laws needed to execute the powers vested in it by Article V. This constitutional provision supersedes any “customs” to the contrary.

Oversimplify

 The gist of this technique is to:

“Reduce the issue to a few simple sentences that any blithering idiot can understand. Leave out all the complicated facts and confounding factors. Reduce the debate to just a few simple-minded sentences and slogans. Reduce complex multi-faceted issues to simplistic statements that can be expressed in a short sound bite.”

Aren’t the FAQs a few simple concepts any blithering idiot can understand?

It is this and other writers who point out the “complicated facts”.  Are we too stupid to be free?

Exploit Wishful Thinking

With this technique, you tell people what they want to hear, rather than the unpleasant truths.

The conspirators are offering an easy way out which satisfies a deep yearning: to feel good. We don’t have to accept responsibility for our own failures to become a “natural guardian of the Constitution”; we are encouraged to blame shift and see the Constitution as the cause of our problems; and we don’t have to trouble ourselves to actually learn our Founding Principles & Documents.  All we have to do is join the conspirators.  And then, everything will be wonderful.

The Self-sell

This technique gets people to convince themselves of your ideas by asking for their help in promoting your ideas. “They will sell themselves on the idea as they try to sell it to others.”

Orange gives this example of the Self-sell:  In “Cold Turkey”, Dick Van Dyke plays a preacher who wants everyone in his town to quit smoking.  He got the local Neo-Nazis to quit by enlisting them as “smoking-ban enforcers”.

The conspirators want to build a “grassroots operation” of volunteers to sell their scheme to State legislators [the ones who already sold us to the feds for federal funds.] And we have seen these volunteers’ mindless comments on the internet as they regurgitate the talking points in the FAQs – they sell themselves as they try to sell to others. ⁸

Conclusion

You better wise up now. Study this chart. Flesh it out with your readings of our Declaration of Independence and Constitution.  Have study groups. What Hamilton asked you to be is not difficult.

Endnotes:

¹ Our Framers never saw courts as the final authority.  See James Madison Rebukes Nullification Deniers.  Hamilton expected us to be “a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority” (Federalist No. 16, next to last para).

² Politicians are as ignorant as those who elect them. But we want a savior who will rescue us without any effort on our part. So we look to politicians to save us. They always betray us; and we are presented with still another phony who says what we want to hear, whom we support, and who betrays us. This happens because we don’t know our Constitution, and thus can’t evaluate the politicians.  If WE knew our Constitution, those smooth-talking ignoramuses wouldn’t have a chance of getting elected. You would see right through them.

³ Progressives & phony “conservatives” have worked hand in hand for many years to replace our Constitution. See Richard D. Fry, “Convention of States”: The Wrong Solution to the Wrong Problem.

⁴ The conspirators tell the brazen lie that the convention “cannot throw out the Constitution because it derives its authority from the Constitution.”  Rubbish!  Pursuant to Article XIII of The Articles of Confederation, the Continental Congress resolved on February 21, 1787 (p 71-74):

“Resolved that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several states be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the states render the federal constitution adequate to the exigencies of Government & the preservation of the Union.” [emphasis mine]

The delegates ignored these limitations and wrote a new Constitution with a new method of ratification.  It is impossible to stop this from happening at another convention. And George Washington, James Madison, Ben Franklin, and Alexander Hamilton won’t be there.

The conspirators also say a “Constitutional Convention” is safe because no amendment will be passed which is not ratified by ¾ of the States. This is deceptive because the concern is about a runaway convention & a new Constitution – not amendments. Since a new Constitution can have any method of ratification the delegates want, it can be forced on us.

⁵ See Propaganda and Debating Techniques by A. Orange. Orange is a “librul”, and on a vendetta against AA.  But he understands how scoundrels use propaganda to deceive the unthinking.  See how Adolf Hitler used these same techniques to manipulate the German People.

⁶ I addressed this same lie in “Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments!” under the subheading, “What Levin Claims Article V Says”.  Congress’ lack of discretion is limited to the issue of “to call or not to call” a convention once the requisite number of States has applied for it.  After Congress “calls” the convention, Art. I, Sec. 8, last clause kicks in to empower Congress to make all laws necessary to carry out the call.

⁷ The result of the voting amendments (15^th, 19^th, 24^th, 26^th)was to transfer the power of determining voter qualifications from the States (Art. I, Sec. 2, cl.1) to the federal government.

It was necessary to amend the Constitution to remedy the defects which permitted slavery; but the 13^th, 14^th, and 15^th Amendments delegated powers over the States to the federal government.  It would have been better to merely repeal the provisions at Art. I, Sec. 2, cl.3 which provided for a partial counting of slaves; and Art. IV, Sec. 2, cl. 3 which permitted Congress to make laws against fugitive slaves.  And if the States had been wise instead of foolish, they would have banned slavery and extended citizenship & civil rights to freed slaves on their own, and provided the education to help them make the transition from slave to citizen.  Stupidity and wickedness are not cheap, Folks.  And Amendments are a very tricky business.

⁸ There is nothing wrong with asking others to help promote ideas – when the ideas are True and Good.  But when the ideas are destructive and false, the self-sell is immoral manipulation. PH

January 28, 2014

About

right out of law school & newly commissioned US Army JAGC

Lawyer, philosopher & logician.  Strict constructionist of the U.S. Constitution.  Passionate about The Federalist  Papers (Alexander Hamilton, James Madison & John Jay), restoring constitutional government, The Bible, the writings of Ayn Rand, & the following: There is no such thing as Jew & Greek, slave & freeman, male & female, black person & white person; for we are all one person in Christ Jesus.

“Publius Huldah” is the nom de guerre of Joanna Martin, J.D., who is a thoroughly nice person, in addition to all the above.  And if you hear otherwise, consider this from Socrates, who reportedly said, “When the debate is lost, slander is the weapon of the loser”.

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WARNING AGAINST A CON-CON a/k/a “constitutional convention” or “Article V convention” or “Convention of the States”:  Do not be deceived by the people who are calling for a convention.  Go here and read the warning of James Madison and former US Supreme Court Chief Justice Warren Burger.  Be sure to read “Twenty Questions About a Constitutional Convention”:  http://www.eagleforum.org/topics/concon/

See also this article by Phyllis Schlafly  which addresses Mark Levin’s false claims about a “convention called by the States to propose amendments”.

In these two articles, investigative journalist Kelleigh Nelson exposes the nefarious forces – on the phony “Right” – involved in the push for an Article V convention.  The People you think are on your side are betraying you.  http://www.newswithviews.com/Nelson/kelleigh136.htm

Dr. Edwin Vieira reminds us that the “necessary & proper” clause (Art. I, Sec. 8, last clause)  vests in Congress the power to make all laws necessary & proper to execute its delegated powers.  Since Article V delegates to CONGRESS the power to call the convention, Congress would be  within its constitutional authority to organize the Convention anyway it wants, and to appoint whomsoever it wishes as delegates.   http://www.newswithviews.com/Vieira/edwin262.htm

John A. Eidsmoe, a law professor who actually knows what he talking about, wrote a fascinating paper on all aspects of Article V:   https://publiushuldah.wordpress.com/wp-content/uploads/2014/01/a-new-constitutional-convention-by-john-a-eidsmoe.pdf  Put this paper in your permanent files!

Do not be deceived by the “scholarly research” of former law professor, Rob Natelson.  Natelson trumpets the crazy theory that alleged “customs” practiced in our “Founding Era” provide binding principles which govern conventions called under Article V of our Constitution!  Here is JWK’s excellent expose’ of Natelson’s absurd theory:      http://www.freerepublic.com/focus/bloggers/3062146/posts

Read former US Supreme Court Justice Arthur J. Goldberg’s warning against an Article V convention HERE.

Believe no one. You must check everything out for yourself.  Our future hangs on your being able to tell the difference between Good and Evil.  And on your caring about the difference.

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The Constitution is the Standard which our creature, the federal government, must obey.

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The Acceptance Con by Selwyn Duke explains (brilliantly) how moral relativism has destroyed our Country.  Libertarianism carries within itself the seeds of Destruction.  Oh, my Friends, take heed!

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“The sacred rights of mankind are not to be rummaged for among old parchments or musty records. they are written, as with a sunbeam, in the whole volume of human nature, by the hand of the divinity itself, and can never be erased or obscured by mortal power.”

Alexander Hamilton, “The Farmer Refuted”, February 5, 1775.

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“As democracy is perfected, the office of the President represents, more and more closely, the inner soul of the people.  On some great and glorious day, the plain folks of the land will reach their heart’s desire at last, and the White House will be occupied by a downright fool and a complete narcissistic moron.”

H.L. Mencken, The Baltimore Evening Sun,  July 26, 1920.

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“If the America People do not rise up and defend their Constitution and the intentions and beliefs under which it was adopted, who is left to do so but the very people who it was designed to control and regulate?”   Johnwk

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“Any man who thinks he can be happy and prosperous by letting the Government take care of him, better take a closer look at the American Indian.”  Attributed to Henry Ford.

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I saw a movie where only the military and the police had guns:  Schindler’s List.

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“In religion and politics people’s beliefs and convictions are in almost every case gotten at second-hand, and without examination, from authorities who have not themselves examined the questions at issue but have taken them at second-hand from other non-examiners, whose opinions about them were not worth a brass farthing.”     Autobiography of Mark Twain

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PERMISSION to re-post: You may re-post my papers on your own sites, provided you do not change the text, retain all the hyperlinks, and have a link back to my website.   However, since I periodically revise my papers,  the better practice is to post a para or so and have a “continue reading here” which links to my site.   That way, your readers will have the most recently revised edition.

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To the Department of Homeland Security:

I am delighted to  learn of your intense & increasing interest in learning the original intent of Our Constitution!  Please feel free to browse around to  your hearts’ content.

Also, if any of you have questions as to the original intent of  any provision or provisions  of  Our Constitution, please feel free to post your questions.

To learn Our Constitution, you will need to get a copy of The Federalist Papers; and for word definitions, Webster’s 1828 Dictionary of the American Language.  You can find The Federalist Papers on line; and here  is an online copy of Webster’s 1828 Dictionary:

As I trust you know, word meaning are like the clouds:  meanings change as time passes.   So, naturally, we want to focus on the meanings enjoyed by Words during the Era of our Founding.

OK!  Here is your homework assignment:  Get a hard copy of The Declaration of Independence and our Constitution.   Read them cover to cover.  Using different colored pencils, highlight (1) the powers of Congress, (2) the powers of the Executive Branch, and (3) the powers of the judicial branch.

With a 4th color, highlight all references to God in both Documents!

Please pay particular attention to what the Declaration says about the SOURCE of our Rights.  Mark that with a 5th color.

Surprising, isn’t it?

I will look for a good source from which you can buy pocket copies of the Declaration of Independence and Constitution  so that you can buy lots and distribute them to your co-workers, family and friends.

Again, do not be shy about posting your questions!  I am just a little old lady, and  do not bite.

Kindest regards,  Publius  Huldah.