Article V Convention Legislation filed in Congress shows how Applications will be counted: it’s not what Lobbyists promised you

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

Legislation recently filed in Congress shows that the assurances pro-convention lobbyists have been making to State Legislators to induce them to apply to Congress for Congress to call a Convention under Article V of our Constitution are false.

These lobbyists have convinced too many State Legislators that our Framers said that when the federal government violates the Constitution, the solution is to get a convention to amend the Constitution. Our Framers never said such a silly thing!  But that is what is behind the push for an Article V convention.

Article V of our Constitution provides two methods of amending the Constitution 1) Congress may propose amendments by two-thirds majority in both Houses; or 2) Congress, upon the applications of two-thirds of the State Legislatures, calls a convention where the Delegates may propose amendments. The second method has never been used – it’s dangerous!

Nevertheless, the pro-convention lobby has been assuring State Legislators that a Convention is perfectly safe because State Legislatures will control it: They will determine the amendments to be considered at the Convention; Congress can’t call a convention until Congress receives 34 applications from State Legislatures which ask for the same amendment; and Delegates to the convention may consider nothing but amendments requested by 34 State Legislatures.

If Congress calls a convention, would Congress or the Delegates to the Convention be constrained by the Lobbyists’ assurances to State Legislators?

Of course not! The Delegates – as Sovereign Representatives of The People – would have the self-evident Right, recognized by the Declaration of Independence, “to alter or to abolish” our “Form of Government.” Accordingly, Congress isn’t empowered by Article V or anything else in the Constitution to call a limited convention restricted to considering only the amendments requested by 34 State Legislatures.

And now, legislation consistent with this “self-evident Right” has been recently filed in Congress:

On July 19, 2022, Congressman Jodey Arrington of Texas introduced H.Con.Res.101, which calls a convention; and H.R. 8419, which sets forth how applications for a convention are to be counted.

These Resolutions show that the convention pushers’ assurances that Delegates to the Convention can do nothing but consider amendments requested by 34 State Legislatures, are false:

H.C.R. 101 §1(a) (1) says, “…Congress hereby calls a convention for proposing amendments…”

H.R. 8419 creates subsection (c) of 1 U.S. Code, § 106, which directs the Archivist of the United States to count all non-rescinded applications asking Congress to call a Convention; and to notify Congress of its duty to call a Convention when the Archivist receives non-rescinded applications for a Convention from two-thirds of the States.

H.R. 8419 doesn’t permit the Archivist to sort the applications by the amendments specified by State Legislatures. Instead, H.R. 8419 directs the Archivist to count all non-rescinded applications together.

One group pushing for a Convention has already admitted that Congress can “mix & match” the various applications for a convention: This group combined non-rescinded applications passed in 1789, several passed in 1861 to avert the Civil War, and during 1901 for popular election of US Senators with applications passed in recent decades for a balanced budget amendment. ¹

And the Archivist of the United States is, in effect, directed by H.R. 8419 to mix and match the various applications! If an application is non-rescinded, the Archivist is directed to count it to get to 34.

So H.C.R. 101 & H.R. 8419 really are consistent with the “self-evident right” of a People to alter or abolish their government and set up a new one. And they reveal that whoever drafted these Resolutions also understands that State Legislatures have no power to dictate what is considered by Delegates at the convention. In State Legislatures’ applications to Congress for a convention, they sometimes insist that they will control the convention (see p. 2, line 19 thru p. 7 of this application in the Pennsylvania Senate); but the Truth is that the Constitution sets forth what Congress has the power to do respecting an Article V Convention; and State Legislatures cannot change this by wishful thinking. And State Legislatures cannot dictate to Congress how Congress is to exercise a power the Constitution grants to Congress!

If Congress calls an Article V convention, you can be sure that a new Constitution will be imposed on us. ² The convention of 1787 was called “for the sole and express purpose of revising the Articles of Confederation”. But the convention proposed a new Constitution which had a new mode of ratification and which created a new form of government. James Madison warned that those who secretly want a new Constitution would push for an Article V Convention under the pretext of “getting amendments”.

State Legislators need to open their eyes and see that while they are being used to get a Convention; they will have no power over the Convention; and won’t be able to do anything to stop a new Constitution with its own new mode of ratification from being imposed on us. State Legislatures must immediately rescind the applications for a convention they already sent to Congress.

Endnotes:

¹ At the time the “BBA” organization prepared their chart, the applications they counted were non-rescinded. They counted 33 States with active applications on file with Congress. But thankfully, after their Chart was published, several of the States listed on their Chart wised-up and rescinded their applications. Other States whose previous applications for a convention are still active better rescind them before the Archivist gets her hands on them!

² A member of Mark Meckler’s “COS” Legal Advisory Board, Princeton Law Professor Robert P. George, has already co-authored a new Constitution which grants massive new powers to a new federal government and imposes gun controls with red flag confiscations. Read it & tremble for your Country.

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

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

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

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

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

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

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

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

The Pennsylvania Senators Roundtable Discussion

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

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

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

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

A bit later on, Meckler said:

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

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

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

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

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

So Robbie George’s new Constitution:

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

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

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

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

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

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

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

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

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

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

Look behind the Curtain

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

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

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

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

Endnotes:

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

² This is shown in these flyers:

• How to get a new Constitution under the pretext of proposing amendments;

• The US Constitution & Congressional Research Service (CRS) Report show that COS’s assurances that State Legislatures will control a convention are false and reckless. So what is Meckler’s response? To snicker and belittle the CRS! [1:14:35 – 1:14:42]; and

• What the Convention Lobby isn’t telling you about our Declaration of Independence.

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

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

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

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

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

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

 

Click to access exhibits-to-presentations-in-south-carolina-during-november-2021..pdf

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

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

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

Here are the Exhibits referred to in the presentation:

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

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

By Publius Huldah

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

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

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

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

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

2. Our Republic was overthrown in the last election

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

3. Violent insurrections in the cities

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

4. Replacing our Constitution at an Article V convention

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Endnotes:

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

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

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

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

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

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

By Publius Huldah

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

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

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

1. The fabricated George Mason quote

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But Hamilton’s warnings were brushed aside.

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

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

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

Beware of what you ask for.

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

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

Article V, US Constit., says:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Heed the warning of the great statesman Daniel Webster:

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

Endnotes:

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

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

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

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

“Monumental” speech against an Article V convention

Here is the Exhibit List (with Links) to the Documents referenced in the speech [link].

Please note that I prove what I say.

The convention lobby is not telling the Truth. Click on the link to the Exhibit List, and read the flyers listed at the top. Those flyers address specific falsehoods the convention lobby is telling. The convention lobby has been getting away with the lies because people are generally gullible and believe whatever they are told, instead of using their own heads and looking at the original source documents.

The convention lobby never proves a thing they say. They can’t prove it because what they say is false – they make it up!      But it sounds so good … and thus gullible and unthinking people lap it up.  The convention lobby tells them that our  Constitution is the cause of all our problems, and thus allows Americans to indulge in one of their favorite sins:  blame-shifting.  The Truth is that our political problems are caused by our own failures to learn and enforce and obey the glorious Constitution we already have.  And State and local governments take every federal dollar they can get – never mind that the federal programs for which the federal money is sent into the States are unconstitutional.  The State and local governments literally sold our retained powers to the federal government.

We can’t solve our political problems until we are willing to be honest about the causes of those problems.

 

 

USMCA “Trade Agreement”, the North American Union, an Article V convention, and Red Flag Laws: Connecting the Dots

By Publius Huldah

The Globalists have long been in the process of setting up a dictatorial and totalitarian oligarchy over the United States. Now they are putting the last pieces in place. That is what is behind the pushes for the USMCA “Trade Agreement”, an Article V convention, and red-flag and other laws to disarm the American People: The Globalists want to move the United States into the North American Union.

USMCA “Trade Agreement”

The USMCA “Trade Agreement” is, in reality, a Transfer of Sovereignty Agreement. It provides for the economic and financial integration of Canada, the United States, and Mexico. In addition to putting the three countries under global regulation of a host of issues such as patents, environmental regulation, labor, immigration policy, prohibition of discriminatory practices respecting sexual preferences and “gender identity” in the workplaces; ¹ it puts the International Monetary Fund (IMF) in control of our economy and binds us to submit to an international monetary system which is to be administered and enforced (at least initially) by the IMF and which will replace our collapsing Federal Reserve system.²

Every word, clause, sentence, paragraph, page, chapter, and appendix of the USMCA “Trade Agreement” is in blatant violation of our Declaration of Independence and Constitution.

North American Union

The North American Union brings about the political integration of Canada, the United States, and Mexico.  The Task Force Report on Building a North American Community [link] sponsored by The Council on Foreign Relations provides for (among other horrors):

♦  increasing the “cooperation and interoperability among and between the law enforcement agencies and militaries.” The Report thus indicates that the plan is to combine the functions of law enforcement and the militaries of the three countries, so as to create a militarized police force consisting of Canadians, Mexicans, and Americans (pages 10-12).³

♦  a North American Advisory Council, with members appointed by Canada, the United States, and Mexico, to staggered multiyear terms to “provide a public voice for North America”; and a “North American Inter-Parliamentary Group” which will have bilateral meetings every other year; and a trinational interparliamentary group to meet in the alternating year (pages 31-32).

To merge the functions of our police and military and combine it with those of Canada and Mexico; ⁴ and to permit a Parliament to be set up over and above the United States, is altogether repugnant to our existing Constitution. But this is what the Globalists and the Political Elite of both parties want. Before they can impose it on us, they need to get a new Constitution for the United States.

An Article V Convention

And that’s the purpose of an Article V convention – to get a new constitution for this Country which legalizes the USMCA “Trade Agreement” and transforms the United States from a sovereign nation to a member state of the North American Union.

But Americans don’t want another constitution, and they don’t want to be moved into the North American Union.

So!  Some of those pushing for an Article V convention, such as the “Convention of States Project” (COS) are marketing a convention to appeal to conservatives. COS and their allies such as Mark Levin claim to be for limited government and say they want a convention to get amendments to “limit the power and jurisdiction of the federal government”. Sadly, those who don’t know that our Constitution already limits the power and jurisdiction of the federal government to a tiny handful of enumerated powers [they are listed on this one page Chart] fall for the marketing.⁵

But others of those pushing for an Article V convention, and certainly those financing the push for a convention, ⁶ actually do intend to “limit the power and jurisdiction of the federal government”; and they intend to do it by transferring the powers our Constitution delegates to the federal government (plus the powers reserved to the States or the People) to the global government which they are setting up over us.⁷

This Flyer shows why Delegates to an Article V convention (called for the ostensible purpose of proposing amendments to our existing Constitution) have the right and power to ignore their instructions and impose a new Constitution which puts us under a completely new Form of government – such as the North American Union.

Red flag Laws & Gun Confiscation

When Americans finally see what has been done and how they have been deceived, they will be angry. That’s why they must be disarmed now. But all federal gun control laws for the Country at Large are unconstitutional as outside the scope of powers granted to Congress; as in violation of Article I, §8, clauses 15 & 16; and as in violation of the Second Amendment. And any pretended State law which contradicts its State Constitution or which interferes with Congress’ power (granted by Art. I, §8, cl. 16) to “organize, arm, and discipline, the Militia”, is also unconstitutional [link].

Red flag laws also violate the privileges and immunities clause of Article IV, §2; and the due process clauses of the 5^th Amendment and §1 of the 14^th Amendment. US Senator Marco Rubio’s (Fla.) malignant red flag law [link] appropriates a total of $100 Million to pay to States and Indian Tribes which pass the red flag legislation set forth in Rubio’s bill.

And Trump says respecting red flag laws, “Take the guns first, go through due process second.” [link].

Stop the Globalists: Oppose the USMCA “Trade Agreement” and an Article V Convention

While the Trump Administration hammers the Globalists’ nails into our coffin, his trusting supporters censor criticism of the USMCA “Trade Agreement” – even though the Agreement is so long and incorporates so many other Agreements it is unlikely that any of them (including Trump) have read it.

And demagogues in the pay of Globalists have convinced constitutionally illiterate Americans that the solution to all our problems is to get an Article V convention.

Endnotes:

¹ Christian Gomez: USMCA and the Quest for a North American Union & What’s Really in the USMCA? Publius Huldah: The USMCA “Trade Agreement” violates our Constitution and sets up Global Government.

² Publius Huldah: So You Think Trump Wants To Get Rid Of The Fed?

³ Meanwhile, the UN is building a global military & police force. See “United Nations Peacekeeping” [link] and think of the ramifications of such a militarized global police force. Who will be able to resist?

⁴ Mexico’s culture is notoriously criminal. If we permit Globalists to get an Article V convention and a new Constitution which moves the United States into the North American Union, you can expect to see militarized Mexican police operating within our [former] Country. And soon, they will be wearing blue helmets.

⁵ It is possible that Mark Levin and the hirelings promoting a convention (such as Mark Meckler, ⁶ Tom Coburn [link], and Jim DeMint [link]) don’t know what the actual agenda is. And it is almost certain that COS’s constitutionally illiterate celebrity endorsers and lemmings don’t know. People who don’t know that our Constitution already limits the federal government to a tiny handful of enumerated powers, and that our problems are caused by ignoring the Constitution we have, are easily deceived by the ridiculous claim that we must amend our Constitution to make the federal government obey it.

Our Framers always understood that the purpose of an Article V Convention is to get a new Constitution [link]. This is why James Madison, Alexander Hamilton, and four US Supreme Court Justices, among others, warned against it [link].

⁶ It is the Globalists, primarily the Kochs and George Soros, who are funding the push for an Article V convention. See, e.g.,

♦  Kochs Bankroll Move to Rewrite the Constitution [link].

♦  George Soros assault on U.S. Constitution [link]

♦  Mark Meckler is president of “Citizens for Self-Governance” which launched the “Convention of States Project”. This website discusses funding for Citizens for Self-Governance.

♦ Koch brothers from Conservapedia [link]

⁷ The transfer of power from our federal government to global government by means of the USMCA “Trade Agreement” is illustrated here.  Additional powers will be transferred by the new constitution which moves us into the North American Union.

 I oppose duckduckGo and their ads. I don’t consent to their ad being foisted on my page. So I don’t use them as a search engine.

Alan Keyes and Publius Huldah connect the dots behind the push for an Article V convention

Listen and learn the connection between the USMCA “Trade Agreement”, the North American Union, an Article V Convention, and red flag gun confiscation laws. There is a coordinated plan to take our Constitution away from us. But you can help stop the Globalists.

Wolf PAC’s Application (supposedly for “fair and free elections”) for an Article V Convention

By Publius Huldah

The ostensible purpose of Wolf PAC’s proposed amendment to the US Constitution is to circumvent or repeal the US Supreme Court’s opinion in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). The proposed amendment would permit the federal government to restrict political speech and campaign contributions by corporations. Such a proposed amendment would be a major step in eliminating free speech and the private use of money in this country.

1. The federal government does not now have the constitutional authority over the country at large to restrict any form of speech, to restrict campaign contributions, or to limit the spending of money. These are not enumerated powers delegated to the federal government. Furthermore, the exercise of such powers is expressly forbidden by the First Amendment. ¹

2. The effect of the Wolf PAC amendment would be to increase the powers of the federal government over The People by delegating to the federal government the power to prevent or restrict certain groups and combinations of people from speaking in the public square on the critically important area of political speech. And we won’t find out, until the amendment is drafted  and then construed (and re-construed from time to time) by the federal courts, which groups or combinations of people will be allowed to speak out on political issues and donate money to the causes or candidates they support; and which groups or combinations of people will be prohibited from doing the same.

3. Our problem isn’t that corporations donate money to political campaigns – our problem is that everyone ignores the Constitution. How many of us know the enumerated powers delegated to the federal government? How many know that our Constitution created a federal government of enumerated powers only? If “We the People” had demanded that Congress restrict itself to the enumerated powers, no one would want to spend large sums to influence federal legislation. Who would pay large sums of money to influence Congress’s laws respecting the Bankruptcy Code (Art. I, §8, cl. 4); the patent and copyright office (Art. I, §8, cl. 8); and the standard of Weights and Measures (Art. I, § 8, cl. 5)?!

4. Our federal government is corrupt because it exercises thousands of usurped powers – and special interest groups pay large sums to get unconstitutional legislation favorable to them passed; and legislation unfavorable to them killed.

5. Finally, nothing in Article V, US Constitution, permits the federal or State governments to control the Delegates to an Article V convention. As Sovereign Representatives of “We the People,” the Delegates have the power to do whatever they want, including proposing a new Constitution with a new mode of ratification. Our Declaration of Independence recognizes the “self-evident Right” of a people to throw off one government and set up a new one.

As this Rescission flyer shows, it is the globalists who are financing the push for an Article V convention. They use “hooks” – proposed amendments which sound so nice on the surface, such as “term limits”, “getting money out of politics”, a “balanced budget amendment”, “regulation freedom” amendment, amendments to “limit the power and jurisdiction of the federal government”, etc. – but it’s bait designed to appeal to specific groups of people to get them to support an Article V convention.

And the reason they want an Article V convention is to get a new Constitution for this Country.

Endnote:

¹ To the extent that Congress and the federal courts have in the past restricted such speech and contributions, their acts have been unconstitutional as outside the scope of powers delegated by our Constitution, and as in violation of the First Amendment.