Publius-Huldah's Blog

Understanding the Constitution

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 flyers referred to in the presentation:

https://publiushuldah.files.wordpress.com/2019/05/chart-showing-federal-structure-with-meme-april-2019.pdf

https://publiushuldah.files.wordpress.com/2021/01/how-to-get-a-new-constitution-under-the-pretext-of-proposing-amendments.pdf

https://publiushuldah.files.wordpress.com/2020/09/what-the-convention-lobby-isnt-telling-you-about-our-declaration-of-independence-sep.-2020.pdf

https://publiushuldah.files.wordpress.com/2021/06/crs-report-and-constitution-contradict-coss-false-and-reckless-assurances.pdf

https://publiushuldah.files.wordpress.com/2021/04/brilliant-men-ben-franklin-v.-meckler-ap.-18-2021.pdf

https://publiushuldah.files.wordpress.com/2021/06/nightmare-amendments-from-cos-north-carolina-may-2021.pdf

https://publiushuldah.files.wordpress.com/2021/04/nullification-the-original-right-of-self-defense.pdf

For the Exhibits – original source documents – go here: https://publiushuldah.files.wordpress.com/2020/02/exhibits-to-south-carolina-house-special-committee-on-a5c-feb-13-2020.pdf

June 2, 2021 Posted by | Article V, Article V Convention, constitutional convention, Globalism | , , , , | 19 Comments

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].

April 24, 2021 Posted by | Article V Convention, Black Lives Matter | 33 Comments

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 movement” (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 11th 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 11th Amendment which took away from the federal courts the constitutional authority to hear cases filed by a Citizen against another State. So the 11th 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, 8th 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 12th & 13th Amendments, like the 11th Amendment, corrected defects in the Constitution. Section 1 of the 14th 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 (10th 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 14th 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 1st, 2nd, 4th, 5th, 6th, and 8th 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 (15th 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?

March 21, 2021 Posted by | Amendments to the Constitution, Article V Convention, Congressional Research Service Report, constitutional convention, convention lobby, Convention of States project, Daniel Webster, Delegates to a convention can't be controlled, Federal Convention of 1787, Incorporation doctrine, Purpose of amendments to constitution, Rob Natelson | , , , , , , , , , , | 17 Comments

“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.

 

 

February 20, 2020 Posted by | Article V, Article V Convention, constitutional convention, convention lobby, Convention of States project | , , , , | 11 Comments

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 MexicoThe 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 5th Amendment and §1 of the 14th 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.

December 13, 2019 Posted by | Article V Convention, Christian Gomez, constitutional convention, convention lobby, Convention of States project, Council on Foreign Relations, Donald Trump, George Soros, Globalism, gun control, International Monetary Fund (IMF), Jim DeMint, Koch Brothers, Mark Levin, Mark Meckler, North American Union, Red Flag Laws, Task Force Report on Building a North American Community, Tom Coburn, USMCA Trade Agreement | , , , , , , , , , , , , , , , , , , , | 18 Comments

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.

December 5, 2019 Posted by | Alan Keyes, Article V Convention, Convention of States project, Council on Foreign Relations, Globalism, gun control, IAMtv, North American Union, Publius Huldah, Red Flag Laws, USMCA Trade Agreement | , , , , , , , , , , | 5 Comments

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.

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November 1, 2019 Posted by | Article V Convention, Citizens United v. Federal Elections Commission, free and fair elections, Free Speech, Wolf-PAC | , , , , | 12 Comments

Why Supreme Court opinions are not the “Law of the Land”, and how to put federal judges in their place.

By Publius Huldah

Central to the silly arguments made by the “Convention of States Project” (COSP) is their claim that 200 years of Supreme Court opinions have increased the powers of the federal government (as well as legalized practices such as abortion); that all these opinions are “the Law of the Land”; and we need an Article V convention so we can get amendments to the Constitution which take away all these powers the Supreme Court gave the federal government.

But the text of Article V contradicts COSP’s claim. Article V shows that our Constitution can be amended only when three fourths of the States ratify proposed amendments. The Supreme Court has no power to amend our Constitution. And it’s impossible for an amendment to take away powers our Constitution doesn’t grant.

1. First Principles

Let’s analyze COSP’s silly argument. We begin by looking at First Principles:

♦The Judicial Branch was created by Art. III, §1, US Constitution. Accordingly, it is a “creature” of the Constitution. 1

♦The federal government came into existence when the States, acting through special ratifying conventions held in each of the States, ratified the Constitution.2

Since the Judicial Branch is merely a “creature” of the Constitution, it follows that it is subordinate to the Constitution, and is completely subject to its terms. It may not annul the superior authority of the States which created the Judicial Branch when they ratified the Constitution; 3 and as a mere “creature” of the Constitution, it may NOT change the Constitution under which it holds its existence! 4

 

2. Supreme Court Opinions are not “the Law of the Land”

Article VI, cl.2, US Constit., the “supremacy clause”, defines “supreme Law of the Land” as the Constitution, and acts of Congress and Treaties which are authorized by the Constitution. Supreme Court opinions aren’t included!

Furthermore, Art. I, §1, US Constit., vests all law-making powers granted by the Constitution in Congress. Our Constitution doesn’t grant any lawmaking powers to the Judicial Branch.

So why does everybody say, as we heard during the Kavanagh confirmation hearings, that Roe v. Wade is “the Law of the Land”? Because Americans have been conditioned to believe that the Supreme Court is superior to our Constitution; that their opinions about our Constitution are “law”, and we are bound by them unless and until they issue new opinions which release us from their previous opinions.

 

3. Organic & statutory law and the totally different “common law” precedent followed in courts

Americans have been conditioned to ignore the huge distinctions between organic and statutory law, on the one hand; and the common law which is embodied in the precedents followed by judges in litigation.

Organic Law

Black’s Law Dictionary defines “organic law” as

“The fundamental law, or constitution, of a state or nation, written or unwritten; 5 that law or system of laws or principles which defines and establishes the organization of its government.”

The organic laws of the United States are

  • The Declaration of Independence – 1776
  • Articles of Confederation – 1777
  • Ordinance of 1787: The Northwest Territorial Government
  • Constitution of the United States – 1787

The Articles of Confederation was our first Constitution. It was replaced by our Constitution of 1787 when it was ratified June 21, 1788. The Northwest Ordinance was superseded by the transformation of the area covered by the Ordinance into States [pursuant to Art. IV, §3, cl. 2, US Constit.].

Do you see how absurd is the claim that the Supreme Court, a mere “creature” of the Constitution of 1787, has the power to change the Organic Law of the United States?

Statute Law

Black’s Law Dictionary defines “statute law” as the

“Body of written laws that have been adopted by the legislative body.”

As we saw above, all legislative Powers granted by our Constitution are vested in Congress (Art. I, §1). Acts of Congress qualify as part of the “supreme Law of the Land” only when they are made pursuant to Authority granted to Congress by the Constitution (Art.VI, cl. 2). When Acts of Congress are not authorized by the Constitution, they are mere usurpations and must be treated as such.6

Common Law

The “common law” applied in courts in the English-speaking countries came from the Bible.7 The Bible has much to say about our relations with each other: don’t murder people, don’t maim them, don’t steal, don’t bear false witness, don’t tell lies about people, don’t be negligent, don’t cheat or defraud people, and such. The Bible provides for Judges to decide disputes between people and empowers Judges to require the person who has violated these precepts to pay restitution to the person whom he harmed. So, e.g., the Biblical prohibitions against bearing false witness and slandering people became our modern day concepts of slander, libel, and defamation. These principles were applied in the English courts from time immemorial, and are applied in American Courts. Modern day American attorneys litigate these common law concepts all the time. So if I am representing a client in an action for say, fraud, I look at the previous court opinions in the jurisdiction on fraud, and see how the courts in that jurisdiction have defined fraud – i.e., I look for “precedents” – the courts’ previous opinions on the subject – and I expect the Judge on my case to obey that precedent. 8

THIS is the “common law”. It is “law” in the sense that it originated with God’s Word; and from “time immemorial” has been applied in the Courts of English speaking countries. But this precedent is binding or persuasive only on courts. 9 As precedent for judges to follow, it is never “the law of the land”!

So, keep these three categories – organic, statutory, and common law – separate, and do not confuse court precedent with the “Law of the Land”. The latter is restricted to the Organic Law, and statutes and treaties authorized by the Organic Law.

Now let’s look at the constitutional jurisdiction of the federal courts.

 

4. What kinds of cases do federal courts have constitutional authority to hear?

The ten categories of cases the Judicial Branch has authority to hear are enumerated at Art. III, §2, cl. 1, US Constit. 10

The first category is cases “arising under this Constitution”. In Federalist No. 80 (2nd para), Hamilton shows these cases concern “provisions expressly contained” in the Constitution. He then points to the restrictions on the authority of the State Legislatures [listed at Art. I, §10], and shows that if a State exercises any of those prohibited powers, and the federal government sues the State, the federal courts would have authority to hear the case (3rd & 13th paras).

So if a State enters into a Treaty, or grants Letters of Marque & Reprisal, or issues paper money, or does any of the other things prohibited by Art. I, §10, the controversy would “arise under the Constitution” and the federal courts have constitutional authority to hear the case.

Likewise, if a State passed a law which violated the Constitution – say one requiring candidates in their State for US Senate to be 40 years of age – instead of the 30 years prescribed at Art. I, §3, cl. 3 – the federal courts have constitutional authority to hear the case.

So the purpose of this category is to authorize the Judicial Branch to enforce the Constitution – not re-write it!! 11

Now let’s look at one way the Supreme Court butchered our Constitution in order to strike down State Laws they didn’t like.

 

5. How the Supreme Court violated the “arising under” clause to hear cases they have no constitutional authority to hear

Let’s use “abortion” to illustrate the usurpation. Obviously, “abortion” is not “expressly contained” in the Constitution. So abortion doesn’t “arise under” the Constitution; and the constitutionality of State Statutes prohibiting abortion doesn’t fit into any of the other nine categories of cases federal courts have authority to hear. Accordingly, federal courts have no judicial power over it. The Supreme Court had to butcher words in our Constitution in order to usurp power to legalize abortion. This is what they did:

The original intent of §1 of the 14th Amendment was to extend citizenship to freed slaves and to provide constitutional authority for the federal Civil Rights Act of 1866. That Act protected freed slaves from Southern Black Codes which denied them God-given rights. 12

Now look at §1 where it says, “nor shall any state deprive any person of life, liberty, or property, without due process of law;”

That’s the “due process” clause. As Professor Berger points out [ibid.], it has a precise meaning which goes back to the Magna Charta: it means that a person’s life, liberty or property can’t be taken away from him except by the judgment of his peers pursuant to a fair trial.

But this is how the Supreme Court perverted the genuine meaning of that clause: In Roe v. Wade (1973), they looked at the word, “liberty” in the due process clause and said, “liberty” means “privacy”, and “privacy” means “a woman can kill her unborn baby”. 13

And they claimed they had jurisdiction to overturn State Laws criminalizing abortion because the issue arises under the Constitution at §1 of the 14th Amendment! [ibid.]

The Supreme Court redefined words in Our Constitution to justify the result they wanted in the case before them.

The Supreme Court didn’t “enforce” the Constitution – they butchered it to fabricate a “constitutional right” to kill unborn babies.

And the lawyers said, “It’s the Law of the Land”; the People yawned; and the clergy said, “the Bible says we have to obey civil government – besides, we don’t want to lose our 501 (c) (3) tax exemption!”

 

6. What are the remedies when the Supreme Court violates the Constitution?

The opinions of which the convention lobby complains constitute violations of our Constitution. 14 The three remedies our Framers provided or advised for judicial violations of our Constitution are:

1. In Federalist No. 81 (8th para), Hamilton shows Congress can impeach and remove from office federal judges who violate the Constitution. Congress is competent to decide whether federal judges have violated the Constitution! Impeachment is their “check” on the Judicial Branch.

2. In Federalist No. 78 (6th para), Hamilton shows the Judicial Branch must rely on the Executive Branch to enforce its judgments. If the President, in the exercise of his independent judgment and mindful of his Oath to “preserve, protect and defend the Constitution”, determines that an opinion of a federal court is unconstitutional; his Duty is to refuse to enforce it. The President is also competent to decide whether federal judges have violated the Constitution! Refusing to enforce their unconstitutional judgments is his “check” on the Judicial Branch.

3. On the Right & Duty of the States – who created the federal government when they ratified the Constitution – to smack down their “creature” when their “creature” violates the Constitutional Compact the States made with each other, see Nullification: The Original Right of Self-Defense.

Endnotes:

1Creature” is the word our Founders used – e.g., Federalist No. 33 (5th para) & Jefferson’s draft of The Kentucky Resolutions of 1798 (8th Resolution).

2Art. VII, cl. 1, US Constit., sets forth ratification procedures for our Constitution.

3 Madison’s Virginia Report of 1799-1800 (pp 190-196).

4 Madison’s Journal of the Federal Convention of 1787 shows that on July 23, 1787, the Delegates discussed who was competent to ratify the proposed new Constitution. Col. Mason said it is “the basis of free Government” that only the people are competent to ratify the new Constitution, and

“…The [State] Legislatures have no power to ratify it. They are the mere creatures of the State Constitutions, and cannot be greater than their creators…”

Madison agreed that State Legislatures were incompetent to ratify the proposed Constitution – it would make essential inroads on the existing State Constitutions, and

“…it would be a novel & dangerous doctrine that a Legislature could change the constitution under which it held its existence….”

It’s equally novel & dangerous to say that the Supreme Court may change the Constitution under which it holds its existence.

5 It is said England doesn’t have a written constitution.

6 Acts of Congress which are not authorized by the enumerated powers are void. They are not made “in Pursuance” of the Constitution and have supremacy over nothing. Federalist No. 27 (last para) says:

“…the laws of the Confederacy [the federal government], as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land; to the observance of which all officers, legislative, executive, and judicial, in each State, will be bound by the sanctity of an oath. Thus the legislatures, courts, and magistrates, of the respective members [the States], will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS…” [capitals are Hamilton’s]

See also Federalist No. 33 (last 2 paras) and Federalist No. 78 (10th para).

7 John Whitehead mentions the Biblical origin of the common law in The Second American Revolution.

8 Art. III, §2, cl.1 delegates to federal courts power to hear “Controversies between Citizens of different States.” Much of the litigation conducted in federal courts falls into this category. These lawsuits aren’t about the Constitution. Instead, they involve the range of issues people fight about in State Courts: personal injury, breach of contract, business disputes, fighting over property, slander & libel, etc. In deciding these cases, federal judges are expected to follow the “common law” precedents.

9 In Federalist No. 78 (next to last para), Hamilton discusses how judges are bound by “precedents” which define and point out their duty in the particular cases which come before them.

10 In Federalist No. 83 (8th para), Hamilton says:

“…the…authority of the federal …[courts]…is declared by the Constitution to comprehend certain cases particularly specified. The expression of those cases marks the precise limits, beyond which the federal courts cannot extend their jurisdiction…”

11 James Madison agreed that the purpose of the “arising under this Constitution” clause is to enable federal courts to enforce the Constitution. At the Virginia Ratifying convention on June 20, 1788, he explained the categories of cases federal courts have authority to hear. As to “cases arising under this Constitution”, he said:

“…That causes of a federal nature will arise, will be obvious to every gentleman, who will recollect that the states are laid under restrictions; and that the rights of the union are secured by these restrictions. They may involve equitable as well as legal controversies…”

12 This is proved in Harvard Professor Raoul Berger’s meticulously documented book, Government by Judiciary: The Transformation of the Fourteenth Amendment.

13 In Roe v. Wade (1973), the Supreme Court said under Part VIII of their opinion:

“…This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is … is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy…”

14 Many Supreme Court opinions violate our Constitution. Wickard v. Filburn (1942), discussed HERE, is another of the most notorious. But we elect to Congress people who don’t know our Constitution or The Federalist Papers; and they are unaware of their Duty – imposed by their Oath of office – to function as a “check” on the Judicial Branch by impeaching federal judges who violate our Constitution.

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November 25, 2018 Posted by | 14th Amendment, 3000 page constitution, Abortion, annotated constitution, Article V Convention, common law, Convention of States project, Creature of the Compact, due process clause, Enumerated Powers of Federal Courts, federal judges, Judicial Abuse, Law of the Land, Nullification, organic law, precedents, Publius Huldah, Roe v. Wade, statute law, The Judicial Branch | , , , , , , , , , , , , , , , , , , , , , | 13 Comments

What the Framers really said about the purpose of amendments to our Constitution

By Publius Huldah

One of the silliest of the many unsupported claims made by those lobbying for an Article V convention is that our Framers said that when the federal government violates the Constitution, the remedy is to amend the Constitution.1

It shouldn’t be necessary to point out that their claim makes as much sense as saying that since people violate the Ten Commandments, God should amend the Ten Commandments.2

And since none of our Framers said such a silly thing, the convention lobby can’t produce a quote where it was said.

Even so, some have believed it and repeated it to others. Americans! We must demand that people prove their claims before we believe what they tell us.

I will show you original source documents, and you can see for yourself what our Framers really said about the purpose of amendments to our Constitution.

Madison’s Journal of the Federal Convention of 1787

James Madison was a delegate to the federal convention of 1787 where our present Constitution was drafted. He kept a daily Journal. I went through it, collected every reference to what became Article V, and wrote it up – here it is.

Madison’s Journal shows what our Framers said at the convention about the purpose of amendments to our Constitution:

♦ Elbridge Gerry said on June 5, 1787: the “novelty & difficulty of the experiment requires periodical revision.”

♦George Mason said on June 11, 1787: The Constitution now being formed “will certainly be defective,” as the Articles of Confederation have been found to be. “Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent…The opportunity for such an abuse, may be the fault of the Constitution [i.e., a defect] calling for amendmt.” [boldface mine] 3

♦Alexander Hamilton said on Sep. 10, 1787: amendments remedy defects in the Constitution. 4

The Federalist Papers

In Federalist No. 43 at 8, Madison said the purpose of amendments to the Constitution is to repair “discovered faults” and “amendment of errors”; and “amendment of errors” and “useful alterations” would be suggested by experience.

In Federalist No. 85 (13th para), Hamilton said useful amendments would address the “organization of the government, not…the mass of its powers” 5

Throughout Federalist No. 49, Madison warned against a convention for proposing amendments, and showed that a convention is neither proper nor effective to restrain government when it encroaches.

Madison’s letter of August 28, 1830 to Edward Everett (p. 383-403)

Madison says:

“Should the provisions of the Constitution as here reviewed be found not to secure the Govt. & rights of the States agst. usurpations & abuses on the part of the U.S…” (p. 398)

So he is talking about provisions – defects – in the Constitution which permit the federal government to abuse the States. He goes on to say:

“…the final resort within the purview of the Constn. lies in an amendment of the Constn…” 6

So he’s saying that when a defect in the Constitution exposes the States to abuses by the federal government, the remedy is to amend the Constitution.

To fully grasp Madison’s point, we must look at his letter in its historical context of the Tariff Act of 1828: The southern states bought manufactured goods from England. England bought southern cotton. But infant industries in the Northeast couldn’t compete with the English imports. So during 1828, Congress passed a Tariff Act which imposed such high tariffs on English imports that the southern states could no longer buy them. England stopped buying southern cotton. This devastated the southern economy. So South Carolina wanted to nullify the Tariff Act (the “Tariff of Abominations”); and developed a theory that a State had a “constitutional right” to nullify any federal law, and the nullification would be presumed valid, unless three-fourths of the States said it wasn’t valid.

Madison opposed South Carolina’s theory because the Tariff Act was constitutional – it was authorized by Art. I, §8, cl. 1, US Constitution. States can’t nullify a constitutional law! 7

But while the Tariff Act was constitutional, it was abusive: Article I, §8, cl. 1 was being used to benefit infant industries in the Northeast at the expense of the southern states. 8

So what’s the remedy “within the purview of the Constitution” for the Tariff Act of 1828? Madison doesn’t spell it out – but obviously Art. 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 domestic industries, or to benefit one section of the Country at the expense of other sections. 9

Washington’s Farewell Address

In his Address, Washington warns that we must require people in the federal government to confine themselves within their constitutional powers; and we must not permit one department [branch] of the federal government to encroach on the powers of the other departments (p. 15-19). He then says,

“If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.” (p.19)

So Washington is talking about what the people may come to see as defects in the Constitution:

♦ If we want one branch of the federal government to have a power which the Constitution delegates to another branch, we should amend the Constitution to redistribute that power.10

♦ If we want the federal government to have a power the Constitution doesn’t grant, we should amend the Constitution to delegate the additional power. No matter how desirable it is for the federal government to have the additional power, we must not permit it to exercise the power by usurpation.11

And this is what Alexander Hamilton, who along with James Madison assisted Washington in drafting his Farewell Address, 12 had previously said in Federalist No. 78: The representatives of the people [Congress] may not violate the Constitution even if a majority of their constituents want them to:

“…Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act…” (5th para from the end)

Our Constitution isn’t defective, it’s ignored!

Our Constitution is a 5,000 year miracle. Our problem is everyone ignores it. The solution is to dust it off, read it, learn it, and enforce it. Downsize the federal government to its enumerated powers.

Demand Proof of what people say before you believe them.

If Americans would follow the example of the Bereans (Acts 17:11) and demand proof of the claims the convention lobby makes, they would spot the false claims and preserve our blessed Constitution. Judges & Juries require trial lawyers to prove their claims. Demand the same from lobbyists for a convention!

Endnotes:

1 Michael Farris claimed [but couldn’t link to a quote because Mason didn’t say it]:

“George Mason demanded that this provision [the convention method of proposing amendments] be included in Article V because he correctly forecast the situation we face today. He predicted that Washington, D.C. would violate its constitutional limitations and the States would need to make adjustments to the constitutional text in order to rein in the abuse of power by the federal government.”

2 Amendments can’t “rein in” the fed. gov’t when it “violate[s] its constitutional limitations” because when it does so, it is ignoring the existing limitations on its powers.

3 Mason’s concern was that the new fed. gov’t wouldn’t agree to amendments needed to correct defects in the new Constitution:

♦ Under the Articles of Confederation (our 1st Constitution), amendments had to be approved by the Continental Congress and all of the States (see ART. 13). So Art. V of the new Constitution dispensed with the requirement that Congress approve amendments.

♦ Who should be able to propose amendments? Madison wanted Congress to propose all amendments, either on their own initiative or at the request of 2/3 of the States. But Mason said the people should be able to propose amendments without asking Congress because Congress might become oppressive and not permit the people to get the necessary amendments.

So the convention method was added. And it provided a way for the People to propose amendments. But it also provided a convenient opportunity to get a new Constitution, since the delegates would have that transcendent right, recognized in our Declaration of Independence, to throw off one government and write a new constitution which creates a new government.

George Mason hated the new Constitution. He said on Aug. 31, 1787 that he “would sooner chop off his right hand than put it to the Constitution as it now stands”; and if it wasn’t changed to suit his views, he wanted another convention. Everybody knew that to get a new Constitution, you need a convention.

Madison and the other Framers went along with adding the convention method because they knew the people had the right to meet in convention and draft a new Constitution whether or not the convention method was added to Art. V [e.g., Madison’s letter of Nov. 2, 1788 to Turberville p. 299 at 2.]; and they couldn’t stop People in the future from doing what they had just done. So Madison, Hamilton & John Jay promptly started warning of the dangers of another convention: see the Brilliant Men handout.

4 Here’s an illustration of what States soon saw as a defect in our Constitution: Art. III, §2, cl. 1 delegated to federal courts the power to hear cases “between a State and Citizens of another State”. But when a citizen of South Carolina sued the State of Georgia, the States were outraged! See Chisholm v. Georgia, 2 U.S. 419 (1793). So the 11th Amendment was ratified to take away from federal courts the power to hear such cases.

5 The Constitution drafted at the federal convention of 1787 delegates only a tiny handful of powers to the fed. gov’t. See this chart.

6 Madison continues, “… according to a process applicable by the States.” Madison always said that when States want amendments, they should ask their congressional delegation to propose them. E.g., Madison’s letter of Nov. 2, 1788 to Turberville (p. 299 at 2.).

7 See Madison’s Notes on Nullification (1835) HERE (p. 573-607).

8 The Tariff Act of 1828 violated our Founding Principle (2nd para of the Declaration of Independence) that the purpose of government is to secure the rights God gave us. God never gave us the right to be free of competition in business.

9 In the very next paragraph, Madison says that when there is a pattern of usurpations and abuses, we must step outside of the Constitution and resort to the original right of self-defense: resistance, i.e., nullification or revolution (p. 398).

10 E.g., Art. I, §8, cl. 11 delegates to Congress the power to declare war. But if we want the President to have that power, we should amend the Constitution to delegate that power to the President. We must not permit the President to exercise that power by usurpation!

11 If we wanted the fed. gov’t to exercise power over labor unions, wages & hours, safety standards, food & drugs, manufacturing standards, agriculture, energy, housing, transportation, education, medical care, the environment, etc., etc., etc., we should have amended the Constitution to delegate those powers to the fed. gov’t. But we ignored Washington’s advice, and permitted the fed. gov’t to exercise those powers by usurpation.

12 The Introduction to the Farewell Address (p. 3) says that George Washington composed it with the assistance of Alexander Hamilton and James Madison.

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November 11, 2018 Posted by | Amendments to the Constitution, Article V, Article V Convention, Convention of States project, Federalist No. 49, George Mason, James Madison, Madison's Journal of the Federal Convention of 1787, Madison's letter to Edward Everett, Michael Farris, Publius Huldah, Purpose of amendments to constitution, The Ten Commandments, Washington's Farewell Address, What our Framers gave us, what our Framers really said, why convention was added to Art. V | , , , , , , , , , , , , , | 15 Comments

Honest discourse about Article V convention needed

By Publius Huldah

Whether States should ask Congress to call a convention under Article V of our federal Constitution is one of the most important 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 set up a new Constitution – with a new and easier mode of ratification – which creates a new government.1

Americans need the Truth. But former law professor Rob Natelson’s recent article in The Hill is filled with ad hominems and misstatements. Natelson is legal advisor for pro-convention groups such as “Convention of States Project” (COSP).

“Poisoning the well” fallacy

Natelson characterizes those who oppose an Article V convention as “big government advocates”; “Washington insiders” who protect “judges and politicians who abuse their positions”; chanters of “talking points” from the “disinformation campaign” of the 1960s and early 1970s who have “no real expertise on the subject”; and, like those involved in “voter suppression efforts”, use “fear and disinformation” to discourage citizens from exercising their rights.

And while such tactics clearly resonate with COSP’s cheerleading squad; 2 others immediately recognize the preemptive ad hominem attack known as the “poisoning the wellfallacy. That fallacy is committed when one primes the audience with adverse information or false allegations about the opponent, in an attempt to bolster his own claim or discount the credibility of the opponent.

Obviously, Natelson’s characterizations don’t constitute proof that he is right, and opponents are wrong.

Misrepresentations, omissions, and irrelevant “academic research”

1. Natelson asserts:

“Our founders designed this [Article V convention] as a way the people could fix the federal government if it became abusive or dysfunctional”.

But he presents no proof – and can’t because no one at the federal convention of 1787 (where our present Constitution was drafted) said such a thing. As proved in The George Mason Fabrication, the Delegates agreed that the purpose of amendments is to correct defects in the Constitution.

2. Natelson asserts:

“Any proposals must… be ratified by 38 states before they become law.”

That’s not true. While any amendments to our Constitution must be ratified by 38 States; our Declaration of Independence says it’s the “self-evident” Right of a People to abolish their government and set up a new one.

We invoked that Right in 1776 to throw off the British Monarchy.

In 1787, we invoked that Right to throw off our first Constitution, the Articles of Confederation; and set up a new Constitution – the one we now have – which created a new government.

How did we get from our first Constitution to our second Constitution? There was a convention to propose amendments to our first Constitution!

The Continental Congress resolved on February 21, 1787 to call a convention to be held at Philadelphia:

for the sole and express purpose of revising the Articles of Confederation”.

But the Delegates ignored this limitation – they ignored the instructions from their States – and they wrote our second Constitution.

And in Federalist No. 40 (15th 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 what they did at the federal “amendments” convention of 1787.

We can’t stop that from happening at another convention. Furthermore, any new constitution will have its own mode of ratification. Whereas Art. 13 of the Articles of Confederation required amendments to be approved by the Continental Congress and all of the then 13 States; the new Constitution provided at Article VII that it would be ratified by 9 States.

Any proposed third constitution will have its own mode of ratification. The proposed Constitution for the Newstates of America is ratified by a national referendum (Art. XII, §1). The States don’t ratify it – they are dissolved and replaced by regional governments answerable to the new national government.

3. Natelson asserts that “academic research” shows:

“…how the convention is chosen and operates: It is a meeting of state representatives of a kind very common in U.S. history…The convention follows a pre-set agenda and attendees are subject to state legislative direction.”

Natelson’s “meetings” are irrelevant:  they weren’t constitutional conventions called to propose changes to our Constitution!

Furthermore, Natelson doesn’t mention the one relevant convention we have had in this Country: the federal “amendments” convention of 1787. That convention involved Delegates who ignored the instructions from their States 3 and from the Continental Congress, and resulted in a new Constitution with a new and easier mode of ratification. That is the only “meeting” which is relevant to the convention Congress has the power to call under Article V of our Constitution.

The “calling” of a convention by Congress is governed – not by Natelson’s “meetings” – but by provisions in our Constitution. Article V delegates to Congress the power to “call” a convention; and Article I, § 8, last clause, delegates to Congress the power to make laws “necessary and proper” to carry out that power.

As to the sovereign powers of Delegates, look to the Declaration of Independence, the federal “amendments” convention of 1787, and Federalist No. 40 – not to Natelson’s “meetings”.

4. In an earlier article, Georgetown law professor David Super cited Coleman v. Miller (1939) to show that as amending the Constitution is a “political question”; the courts are unlikely to intervene. 4

Natelson responded that Coleman is a 79-year old “minority opinion the courts have long repudiated”; but doesn’t show where the Supreme Court “repudiated” its opinion.

What Coleman shows is this: we can’t expect federal courts to make Delegates obey instructions. No one has power over Delegates – Delegates can take down one government and set up a new one.

Conclusion

Here’s an idea: Let’s all read our Declaration of Independence and Constitution; elect only people who have also read them, know what they say, and agree to obey; and then let’s downsize the federal government to its enumerated powers.

Endnotes:

1 This is why James Madison, Alexander Hamilton, four Supreme Court Justices, and other luminaries warned against an Article V convention.

2 At 5:25-7:35 mark. Archived HERE.

3 The States’ instructions are HERE at endnote 9.

4 Professor Super is right: When the Constitution delegates a power to one of the “political” branches [legislative or executive], federal courts [“judicial” branch] traditionally abstain from interfering and substituting their judgment for that of the branch to which the power was delegated.

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June 24, 2018 Posted by | Article V Convention, constitutional convention, convention lobby, Convention of States project, Delegates to a convention can't be controlled, James Madison, political questions, Professor David Super, Rob Natelson | , , , , , , , , , , , , , | 21 Comments

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