Publius-Huldah's Blog

Understanding the Constitution

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.

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 | , , , , , , , , , , , , , , , , , , , | 13 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 “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

Exposing the real agenda behind the push for an Article V convention

This presentation was given on April 17, 2017 at the beautiful old Supreme Court Chamber at the Tennessee Capitol Building in Nashville.

Exhibit List

The proposed Constitution for the Newstates of America is HERE

The Chart which illustrates our Declaration, Constitution, federal structure, and enumerated powers is HERE.

The text of the “parental rights” amendment is HERE.

To see how six of Mark Levin’s “liberty amendments” do the opposite of what he claims, go HERE.

Federalist No. 16 is HERE.  See next to last paragraph.

To see – on one page – proof of the original intents of the “interstate commerce”, “general welfare”, and “necessary and proper” clauses, go HERE.

HERE is a synopsis of what happened at the Federal Convention of 1787 re the development of Article V with links to the pages in Madison’s Journal of the Federal Convention.

Our Framers NEVER said the purpose of amendments is to restrain the feds if they usurp powers. What they actually said is:

The “novelty & difficulty of the experiment requires periodical revision” (Gerry at the federal convention on June 5, 1787);

“The plan now to be formed will certainly be defective, as the Confederation [Articles of Confederation] has been found on trial to be. Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account….”(Geo. Mason at the federal convention on June 11, 1787);

amendments remedy defects in the Constitution (Hamilton at the federal convention on Sep. 10, 1787);

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

“amendment of errors” & “useful alterations” would be suggested by experience (Federalist No. 43 at 8.)

The Congressional Research Service Report dated April 11, 2014, is HERE. The Report exposes as false the assurances that the States would be in control of a convention. The Report says:

“First, Article V delegates important and exclusive authority over the amendment process to Congress…” (page 4)

“Second . . . Congress has traditionally laid claim to broad responsibilities in connection with a convention, including . . . (4) determining the number and selection process for its delegates; (5) setting internal convention procedures, including formulae for allocation of votes among the states; . . .” (page 4)

“. . . [In previous bills filed in Congress] [a]pportionment of convention delegates among the states was generally set at the formula provided for the electoral college, with each state assigned a number equal to its combined Senate and House delegations. Some bills included the District of Columbia, assigning it three delegates, but others did not include the federal district. . .” (page 37)

“… A related question concerns vote allocation in an Article V Convention. Would delegates vote per capita, or would each state cast a single vote, during the convention’s deliberations, and on the final question of proposing amendments?…” [then follows a discussion of different views on this undecided issue] (page 41)

“Article V itself is silent on membership in an Article V Convention, so it is arguable that Congress, in summoning a convention to consider amendments, might choose to include the District of Columbia and U.S. territories as either full members at a convention, or possibly as observers. As noted previously, some versions of the Article V Convention procedures bills introduced in the late 20th century did provide for delegates representing the District of Columbia, although not for U.S. territories . . .” (page 42)

Page 40 of the Report shows there doesn’t seem to be any:

“. . . constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention. . . “

So! As the Report states on page 27:

“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”

In other words, we’ll have to get a convention before we know how it is going to operate. But by then, it will be too late to stop it. And if the proceedings are secret, we won’t find out anything until they are finished.

The Chart which shows who (States, Congress, & Delegates) has the power to do what respecting an Art. V convention is HERE.

HERE is Rob Natelson’s speech of Sep. 16, 2010 announcing that he would no longer call it a “constitutional convention”, but would henceforth call it among other things, “a convention of states”. (page 2)

HERE are the Articles of Confederation, our first Constitution. Article XIII required approval of amendments by the Continental Congress and by every State.

HERE is Federalist No. 40 (James Madison) See especially the 15th para.

HERE is the Resolution of the Continental Congress dated Feb. 21, 1787, to call a convention to be held at Philadelphia,

“…for the sole and express purpose of revising the Articles of Confederation…”

HERE are the Credentials of the Delegates to the Federal Convention of 1787 and instructions from their States. These Instructions encompassed:

“alterations to the Federal Constitution which, when agreed to by Congress and the several States, would become effective”: Virginia, Pennsylvania, Delaware, Georgia, S. Carolina, Maryland, & New Hampshire.

“for the purpose of revising the Federal Constitution”: Virginia, Pennsylvania, North Carolina, Delaware, and Georgia;

“for the sole and express purpose of revising the Articles of Confederation”: New York, Massachusetts, and Connecticut.

“provisions to make the Constitution of the federal Government adequate”: New Jersey

Rhode Island boycotted the convention.

HERE is the proposed Constitution for the Newstates of America. Article XII, Sec. 1 (page 27) addresses ratification by a national referendum.

Read HERE about the proposed Constitution for the New Socialist Republic in North America. It was prepared by the Revolutionary Communist Party, USA. HERE is the text of their proposed Constitution.

Read HERE about The Constitution 2020 movement funded by George Soros and supported by Marxist law professors throughout the Country as well as Cass Sunstein and Eric Holder. They want a Progressive Constitution in place by the year 2020.

Read HERE about the Council on Foreign Relations’ (CFR) Task Force Report on the North American Union. Canada, the US, and Mexico are to merge and a Parliament will be set up over the 3 countries. The CFR site has a link to the Task Force Report. Read it!

News Flash:  The CFR has removed the Task Force Report from their website.  Now, one must purchase a copy.  It’s on Amazon

Update Jan. 8, 2018:  The Task Force Report is back up on the CFR web page.  GET IT WHILE YOU CAN – IT LAYS OUT WHAT THE GLOBALISTS HAVE PLANNED FOR US

It is not the “grass roots” which is pushing for an Article V convention. The big money is behind it. See THIS and THIS.

James Madison’s Journal of the Federal Convention of 1787 shows that on May 29, 1787, the delegates to that convention voted to make their proceedings secret.

Here is Federalist No. 49 where James Madison warned against having a convention to address breaches of the federal Constitution.

HERE is James Madison’s letter of Nov. 2, 1788 to Turberville warning of the terrible dangers of an Article V convention. Madison NEVER supported the convention method of amending our Constitution.

Here is Federalist No. 85 (last para) where Alexander Hamilton said he “dreads” the prospect of another convention because the enemies of the Constitution want to get rid of it.

  • [Note: Our Constitution was ratified by the 9th State on June 21, 1788. Federalist No. 85 was published during mid-August 1788. The anti-federalists wanted to get rid of our Constitution. They argued that our Constitution isn’t perfect – so we should have another convention so we can get a new Constitution. They also argued that Amendments to our Constitution are too hard to get it. Those were the arguments which Hamilton addressed in Federalist No. 85.]

Here is Justice Arthur Goldberg’s op ed in The Miami Herald of Sep. 14, 1986 where he warns us that “…any attempt at limiting the agenda would almost certainly be unenforceable.”

HERE is Chief Justice Warren Burger’s June 22, 1988 letter to Phyllis Schlafly:

“…there is no effective way to limit or muzzle the actions of a Constitutional Convention * * * After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda * * * A new Convention could plunge our Nation into constitutional confusion and confrontation at every turn…”

Justice Scalia said on April 17, 2014 at the 1:06 mark of this video

“I certainly would not want a Constitutional Convention. I mean whoa. Who knows what would come out of that?”

  • [The convention lobby quotes Law Professor Scalia from 1979, when he didn’t object to an Article V convention. By 2014, the wiser Justice Scalia had changed his mind & now “feared” a convention.]

HERE are additional letters and articles by eminent Jurists and scholars to the same effect.

HERE is where James Madison said our Constitution depends on the people having the “virtue and intelligence to select men of virtue and wisdom” to office. [see text at 223]

Since the States created the federal government, they are the final authority on whether their creature has violated the constitutional compact the States made with each other. Those are our Framers’ words you can find them HERE and HERE.

HERE is the Pew Report: At the “select a state” box, you can find out what percentage of your State government’s revenue was from federal funds.

For a model Rescission Resolution, go HERE and then scroll down to “Take Action”.

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April 19, 2017 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, Council on Foreign Relations, Declaration of Independence, Delegates to a convention can't be controlled, Faithful Delegate Laws, Federal Convention of 1787, George W. Bush, Mark Levin, North American Union, not on the list | , , , , , , , , , , | 28 Comments

The TOP DOWN push for an Article V convention

By Publius Huldah

Ever since, some 60 years ago, the Ford Foundation produced the Constitution for the Newstates of America, it has always been the political elite and the big money who are behind the push for an Article V convention.  Today, people and politicians who posture as men of virtue and “conservatives principles” are being paid to support an Article V convention – e.g. http://www.dallasnews.com/news/texas-legislature/2017/03/01/major-conservatives-piggy-banks-behind-texas-obsession-amending-constitution

See also, http://le.utah.gov/house2/CofI/IVORYK1.pdf

Anyone who refuses to look into this is willfully blind and morally culpable.

The billionaires who are buying an Article V convention (Koch Brothers, George Soros), have no intention of limiting the power and jurisdiction of the  government over us!

The propaganda put out by the con-con lobby is able to take root in those who don’t know what our Constitution already says; don’t understand our Founding Principles; and don’t know our History on throwing off governments and setting up new ones.  We’ve already done it twice!

The enemies of our Constitution want to do it a third time.  Since they know you wouldn’t agree to it; they are telling you things which aren’t true.

Listen up:

Our Declaration of Independence says at the 2nd paragraph that a People have the right to throw off their form of government and set up a new one. We invoked that Principle in 1776 to throw off British Rule. We invoked that Principle again in 1787 to throw off the Articles of Confederation and the government it created, and set up a new Constitution [the one we have now] which created a new government.

People who don’t know that are unable to understand that if there is an Article V convention today, the Delegates can do the same thing! Throw off the Constitution we have and set up a new one which creates a new government.

For heavens sake, People! New Constitutions are already written and waiting in the wings for an Article V convention! Here’s one of them – it’s ratified by a national Referendum. The States don’t vote on it. The States are dissolved and replaced by regional governments answerable to the new national government. http://www.sweetliberty.org/issues/concon/newstates.htm#.WLrJEn98ExE

George Soros wants a Progressive Constitution in place by the year 2020. http://keywiki.org/Constitution_2020

George W. Bush, the Council on Foreign Relations, and others want to move the United States into the North American Union. Canada, the US, and Mexico are to merge and a Parliament set up over them. In order to do this, they need a new Constitution for the US to transform us from a sovereign nation to a member state in the NAU. How do they get a new Constitution? At an Article V convention.  How do they get an Article V convention?  Pay people who pose as conservatives to tell the American People that we need a convention to get amendments which will limit the power of the federal government.

And the people who don’t understand our Founding Principles, don’t know our History, and don’t know what our Constitution already says, fall for the subterfuge.

READ the Task Force Report on the NAU. Heidi Cruz was on the Task Force which wrote the Report:  http://www.cfr.org/canada/building-north-american-community/p8102

Americans! Wake up! You are being scammed and tricked and lied to. And bought and paid for politicians and charlatans are selling you into slavery.

God gave you a brain.  It is wicked for you to refuse to use it.

Update Jan. 12, 2018All US Presidents since (and including) Ronald Regan have been advancing our movement into the NAU. Watch this excellent 15 minute video: https://youtu.be/lNhp9H3yCsI

This is a Revolution against us by the global elite. This push for an Article V convention is from the top down – it is how the Elite can impose their will on us.

Do not continue to unwittingly assist the global elite in enforcing their will on us!

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March 9, 2017 Posted by | Article V Convention, constitutional convention, Convention of States project, Council on Foreign Relations, Delegates to a convention can't be controlled, George W. Bush, Heidi Cruz, North American Union | , , , , , , , , , , , | 52 Comments

Convention Supporters’ Myths about State Control of Delegates

By Publius Huldah

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

That is not true.

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

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

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

This has already happened once in our history:

At the Federal Convention of 1787, this plenipotentiary power was exercised to replace our first Constitution, the Articles of Confederation, with the Constitution we now have. On February 21, 1787, the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. But instead of proposing amendments to our first Constitution, the Delegates wrote a new Constitution – the one we now have.

Furthermore, the new Constitution had a new and easier mode of ratification: Article XIII of The Articles of Confederation (p 8-9) provided that Amendments to the Articles had to be approved by the Continental Congress and all of the then 13 States. But the new Constitution, drafted at the “amendments” convention of 1787, provided at Art. VII thereof that it would be ratified upon approval by only nine of the then existing 13 States.

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

So! Not only do Delegates to a national convention have this plenipotentiary power to impose a new Constitution; the precedent to do so has already been established.

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

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

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

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

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

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

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January 27, 2016 Posted by | Article V, Article V Convention, constitutional convention, Delegates to a convention can't be controlled, Federal Convention of 1787 | , , , , , , , , , , , | 11 Comments

Alinsky Tactics Are Being Used to Manipulate Americans into supporting Art. V Convention

Saul Alinsky allegedly said in Rules for Radicals that any revolutionary change must be preceded by a passive, affirmative, non-challenging attitude among the mass of our people. They must feel so frustrated, so defeated, so lost, so futureless in the prevailing system that they are willing to let go of the past and chance the future.

Ever since the Ford & Rockefeller Foundations, some 50 years ago, came up with the Constitution for the Newstates of America, the left has been pushing for an Art. V convention so that they can impose a new Constitution. The conservatives defeated these periodic pushes for a convention. So this time, the left changed tactics: Now they are marketing it to appeal to conservatives. They are telling conservatives a convention is THE ONLY WAY to rein in the federal government.

And they are telling conservatives that elections and nullification – THE REMEDIES OUR FRAMERS ACTUALLY ADVISED – don’t work.

So this is how they have made Americans feel that they have nothing to lose by a convention. Alinsky tactics are being used on the American People.

Several leftist Constitutions – in addition to the Newstates Constitution – are already prepared and waiting for an Art. V convention.

A new Constitution will be needed to transform the United States of America into a member state of the “North American Union”.  Ted Cruz’s wife, Heidi Cruz, was on the CFR Task Force to set up this merging of Canada, the US, and Mexico. It sets up a Parliament over the 3 countries. You can read the CFR (Council for Foreign Relations) Report on setting up the North American Union HERE.

Americans!  You better shake the dust off your brains and start using them.  There is not much time left.

Oct. 12, 2015
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October 12, 2015 Posted by | Article V Convention, constitutional convention, Council on Foreign Relations, Heidi Cruz, North American Union, Saul Alinsky, Ted Cruz | , , , , | 33 Comments

Behind The Mask of Convention Supporters – “whacking away” at our Constitution

quote

Representative Sickles may have meant this as a warning of what would be the attitude of Delegates to a convention – as opposed to what he himself would  do as a Delegate to a convention.

But the point is: We don’t want anyone “whacking away” at our Constitution – and Delegates to an Art. V convention would have the power to do just that….

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February 6, 2015 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, re-writing the Constitution | , , , , , , , | 34 Comments

Why was the Convention Method put into Article V?

See this – only 3.5 minutes:

But for the complete story of what happened at the Federal Convention of 1787 respecting the development of Article V, read this:  https://publiushuldah.wordpress.com/article-v/

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February 4, 2015 Posted by | Article V, Article V Convention, constitutional convention, Convention of States project | , , , , | 6 Comments

Straight Talk About An Article V Convention

By Publius Huldah

This speech was presented to Campaign For Liberty – Memphis on March 24, 2014. It exposes some of the false claims made by those pushing for the so-called “convention of states”. 1

Below are hyperlinks to the exhibits referred to in the speech. Additional resources are also included.

The one page Chart which illustrates our Declaration, Constitution, and federal system is HERE.

The Congressional Research Service (CRS) Report 2 cited in the speech was dated March 7, 2014. CRS’s revised Report, dated April 11, 2014, is HERE.   The Report exposes as false the assurances that the States would be in control of a convention. The Report says:

“First, Article V delegates important and exclusive authority over the amendment process to Congress…” (page 4)

“Second . . . Congress has traditionally laid claim to broad responsibilities in connection with a convention, including . . . (4) determining the number and selection process for its delegates; (5) setting internal convention procedures, including formulae for allocation of votes among the states; . . .” (page 4) 3

“. . . [In previous bills filed in Congress] [a]pportionment of convention delegates among the states was generally set at the formula provided for the electoral college, with each state assigned a number equal to its combined Senate and House delegations. Some bills included the District of Columbia, assigning it three delegates, but others did not include the federal district. . .” (page 37; see also page 41)

“. . . A related question concerns vote allocation in an Article V Convention. Would delegates vote per capita, or would each state cast a single vote, during the convention’s deliberations, and on the final question of proposing amendments?. . .” [then follows a discussion of different views on this undecided issue] (page 41)

“Article V itself is silent on membership in an Article V Convention, so it is arguable that Congress, in summoning a convention to consider amendments, might choose to include the District of Columbia and U.S. territories as either full members at a convention, or possibly as observers. As noted previously, some versions of the Article V Convention procedures bills introduced in the late 20th century did provide for delegates representing the District of Columbia, although not for U.S. territories . . .” (page 42)

Page 40 of the Report shows there doesn’t seem to be any:

“. . . constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention. . . “

So! As the CRS Report states on page 27:

“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”

Do you see? But by then, it will be too late to stop it. HERE is former US Supreme Court Chief Justice Warren Burger’s letter confirming this. 4

The text of the “parental rights” amendment is HERE. For two papers showing how Michael Farris’ proposed amendment delegates power over children to the federal and State governments, go HERE  and, for the follow up paper, HERE.

To see how six of Mark Levin’s so-called “liberty amendments” do the opposite of what he claims, go HERE.

To see – on one page – proof of the original intents of the “interstate commerce”, “general welfare”, and “necessary and proper” clauses, go HERE.

The proponents of a convention portray the States as victims of federal tyranny. But the Truth is that the States voluntarily surrendered their retained powers, and the natural rights of The People, TO the federal government. And they did it for federal funds. Today, States get from 20% (Alaska) to 45.3% (Mississippi) of their State budgets from the federal government. State governments don’t want to rein in the feds! The people who run your State will do anything to keep their federal funds. HERE is the Pew Report.

Our Framers – those who actually signed the Constitution – NEVER said the purpose of amendments is to rein in the feds if they usurp powers. What they actually said is:

  • amendments remedy defects in the Constitution (Hamilton at the federal convention on Sep. 10, 1787);
  • useful amendments would address the “organization of the government, not … the mass of its powers” (Federalist No. 85, 13th para); and
  • “amendment of errors” & “useful alterations” would be suggested by experience (Federalist No. 43 at 8.)

HERE are the Articles of Confederation. Note that Art. XIII required approval of amendments by every State.

HERE is the Resolution, made by the Continental Congress on February 21, 1787 (p 71-74), to call a convention to be held at Philadelphia:

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

HERE is James Madison’s letter of Nov. 2, 1788 to Turberville. Copy it to word processing, make paragraph breaks, & highlight it. Madison NEVER supported the convention method of amending our Constitution.

HERE is Joe Wolverton’s article about the Socialists’ involvement in the push for a convention.

HERE is the Constitution for the Newstates of America. Article XII addresses ratification by a referendum called by the President. Read HERE about the proposed Constitution for the New Socialist Republic in North America. Read them and see what is being planned for you by people you think are on your side.

HERE is the screen shot of Jordan Sillars’ comment re re-writing the Constitution.

For Q’s & A’s on this issue, go HERE.

Endnotes:

1 There is no such thing as a “convention of states” to propose amendments. The term is a marketing gimmick used by proponents of an Article V convention to manipulate people into believing that the States would control an Article V convention – from start to finish.

Article V, US Constitution, provides two methods for proposing amendments to the Constitution:

1. Congress proposes amendments and submits them to the States for ratification [the method we used for our existing 27 Amendments]; or

2. Congress calls a convention for the purpose of proposing amendments [for good reason, we have never used this method].

2 Even though we have never had an Article V convention; Congress has examined procedures for “calling” a convention so as to be ready if the need arises. The CRS Report proves that Congress has historically viewed its powers respecting “calling” a convention as exclusive and extensive. I thank Robert Brown for bringing the CRS Report to my attention.

3 The position Congress has historically taken in this regard is totally consistent with Article I, Sec. 8, last clause, which delegates to Congress power to make all laws “necessary and proper” to carry out the power vested in Congress at Art. V to “call” the convention.

4 Folks! For the sake of your Posterity, you must understand this: After a convention is convened, the delegates can do whatever they want – including coming up with an entirely new Constitution with its own new method of ratification. Chief Justice Burger wrote in his June 22, 1988 letter to Mrs. Phyllis Schlafly:

“… there is no effective way to limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or to one issue, but there is no way to assure that the Convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda. The meeting in 1787 ignored the limit placed by the Confederation Congress “for the sole and express purpose. . .”

The federal convention of 1787, which was called by the Continental Congress “for the sole and express purpose of revising the Articles of Confederation”, should serve as a warning: The delegates to the 1787 convention ignored their instructions from the Continental Congress [and from their States]; ignored Art. XIII of the Articles of Confederation which required the States to obey Congress on matters covered by the Articles, and wrote an entirely NEW Constitution with a NEW method of ratification which required only 9 of the 13 States for ratification.

Credits:  Many thanks to Devvy Kidd, Blue Tail Gadfly, and M. Craig Elachie, from whom I lifted the very best lines in the speech. PH

Posted October 11, 2014.

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October 11, 2014 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, Federal Convention of 1787, James Madison, Jordan Sillars, Liberty Amendments, Mark Levin, Michael Farris, Necessary and Proper clause, Phony right wing, re-writing the Constitution, Retained Powers, The Liberty Amendments | , , , , , , , , , , , , , , , , , , , | 15 Comments

Article V Convention: How “Individuals of Insidious Views” Are Stealing Our Constitution

By Publius Huldah

Q: How are amendments to the federal Constitution made?
A: Article V of our Constitution provides two method of amending the Constitution:

  1. Congress proposes amendments and presents them to the States for ratification; or
  2. When 2/3 of the States apply for it, Congress “calls” a convention to propose amendments.

Q: Which method was used for our existing 27 amendments?
A:  The first method was used for all 27 amendments including the Bill of Rights which were introduced into Congress by James Madison. 3

Q:  Is there a difference between a constitutional convention, con con, or Article V Convention?
A:  These names have been used interchangeably during the last 50 years.

Q:  What is a “convention of states”?
A:  That is what the people now pushing for an Article V convention call it. 

Q: Who is behind this push for an Art. V convention?
A:  The push to impose a new Constitution by means of an Article V convention (and using a “balanced budget” amendment as justification) started in 1963 with the Ford and Rockefeller Foundations.  1    Today, it is pushed by:

Q:  Why do they want an Article V Convention?
A:  The only way to get rid of our existing Constitution and Bill of Rights is to have an Article V convention where they can re-write our Constitution.  Jordan Sillars, Communications Director for Michael Farris’ “Convention of States”, said:

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

Q: How can they impose a new constitution if ¾ of the States don’t agree to it?
A: Only amendments require ratification by ¾ of the States (see Art. V). But a new constitution would have its own new method of ratification – it can be whatever the drafters want.  For example, the proposed Constitution for the Newstates of America is ratified by a referendum called by the President (See Art. XII, section 1).

Q: Can a convention be stopped from proposing a new Constitution?
A:  No.  Once the delegates are duly appointed & assembled, they are acting under the inherent authority of A People to alter or abolish their form of government [Declaration of Independence, 2nd para]; and have the sovereign power to do whatever they want at the convention.

Q: Is this what happened at the Federal Convention of 1787?
A:  Yes.  Pursuant to Article XIII of The Articles of Confederation, the Continental Congress resolved on February 21, 1787 (p 71-74) 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 and wrote a new Constitution.  Because of this inherent authority of delegatesit is impossible to stop it from happening at another convention.  And George Washington, James Madison, Ben Franklin, and Alexander Hamilton won’t be there to protect you.

Q: Did the delegates at the Convention of 1787 introduce a new mode of ratification for the new Constitution?
A:  Yes. The Articles of Confederation required the approval of all 13 States for amendments to the Articles to be ratified.  But the new Constitution provided it would become effective if only 9 of the 13 States ratified it (Art. VII, cl. 1, U.S. Constitution).

Q:  Who would be delegates at a Convention?
A:  Either Congress appoints whomever they want; or State governments appoint whomever they want.

Q: Who would be chairman at a convention?
A: We don’t know.  But chairmen have lots of power – and George Washington won’t be chairman.

Q: But if the States appoint the delegates, won’t a convention be safe?
A: Who controls your State?  They will be the ones who choose the delegates if Congress permits the States to appoint delegates.  Are the people who control your State virtuous, wise, honest, and true?

Q: But aren’t the States the ones to rein in the federal government?
A: They should have been, but the States have become major consumers of federal funding.  Federal funds make up almost 35% of the States’ annual budgets. The States don’t want to rein in the feds – they don’t want to lose their federal funding.

Q: Did Thomas Jefferson say the federal Constitution should be amended every 20 years?
A: No! In his letter to Samuel Kercheval of July 12, 1816, Jefferson wrote about the Constitution for the State of Virginia, which he said needed major revision.  And remember James Madison’s words in Federalist No. 45 (3rd para from the end):

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce … The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” [boldface mine]

The powers delegated to the feds are “few and defined” – what’s to amend?  All else is reserved to the States or the People – so State Constitutions would need more frequent amendments.  Do you see?

Q:  Did Alexander Hamilton say in Federalist No 85 (next to last para) that a convention is safe?
A:  No!  He said, respecting the ratification of amendments, that we “may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority”.  But today, our State legislatures don’t protect us from federal encroachments because:

  • We have been so dumbed down by progressive education that we know nothing & can’t think;
  • State legislatures have been bought off with federal funds; and
  • Our public and personal morality is in the sewer.

Q: Did Our Framers – the ones who signed The Constitution – think conventions a fine idea?
A:  No!

“Conventions are serious things, and ought not to be repeated.”

  • Alexander Hamilton wrote of:

“…the utter improbability of assembling a new convention, under circumstances in any degree so favorable to a happy issue, as those in which the late convention met, deliberated, and concluded…”  Federalist No. 85 (9th para)

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

Q:  Do we have “violent partizans” or “individuals of insidious views” who seek a “dangerous opportunity to sap the very foundations of the fabric” of our country?
A: Yes, and they have been pushing for an Article V convention since 1963.

Q:  What did our Framers say about the purpose of amendments to the Constitution?
A:

  • the novelty and difficulty of what they were doing would require periodic revision (Mr. Gerry on June 5, 1787);
  • remedy defects in the Constitution (Hamilton on Sep. 10, 1787);
  • useful amendments would address the “organization of the government, not … the mass of its powers” (Federalist No. 85, 13th para); and
  • “amendment of errors” & “useful alterations” suggested by experience (Federalist No. 43 at 8.) 3

Q: But those pushing for a convention say the remedy for politicians who violate the Constitution is to amend the Constitution.
A:  Yes, that is their crazy claim:  that even though for over a century, the feds have been usurping hundreds of powers not delegated in the Constitution, all we have to do is amend the Constitution, and everyone will start obeying it. 4

Q: But they say the feds would obey future amendments because the feds haven’t violated recent amendments, such as women’s suffrage.
A: Of the 15 amendments ratified since the 12th in 1804; 10 increased the powers of the feds (13th, 14th, 15th, 16th, 17th, 18th, 19th, 23rd, 24th, 26th); and 4 were “housekeeping” amendments (20th, 22nd, 25th, 27th) – so of course the feds “obeyed” those. 5

Q: What about their claim that the feds violate the Constitution because they don’t understand it?
A:  Rubbish! Our Constitution is so simple that Hamilton said The People were “the natural guardians of the Constitution”. The Oath of office at Art. VI, clause 3, implicitly requires the feds to learn it.  For phrases the feds have perverted – such as the “interstate commerce”, “general welfare” & “necessary and proper” clauses, a quick look into The Federalist Papers reveals the original intent.  I illustrate that here and elsewhere.

Q: How do we get rid of the bad amendments such as the 16th &17th?
A: Repeal them the same way we repealed the 18th amendment.  Instead of sending to Congress people who don’t know the Constitution; send people who know the Constitution and commit to repealing the bad amendments.  And if they don’t act to repeal them, fire them!

Q:  Why was the “convention method” put in Article V?
A:  We don’t really know why it was put in because Madison’s Journal of the Convention does not tell us.  This chart compiles the references in Madison’s Journal of the Federal Convention of 1787 to what became Article V.

  • Law professor John A. Eidsmoe  suggests the convention method of Article V was added rather hastily, at the time when the delegates were closing their deliberations, and this provision did not receive the careful attention given to most other provisions of the Constitution.
  • It may also have been a compromise designed to induce  George Mason & Randolph to sign the Constitution.  6

Q: Why can’t what happens at the convention be controlled by federal or State laws?
A: We are naïve and tell ourselves that people will “play by the rules”.  So we assume all we have to do is make some laws saying delegates can’t exceed the scope of the call, and everyone will obey it.

But if they don’t, who is going to enforce these laws you have so much faith in? The feds? Obama would love the constitution for the Newstates of America – it makes him dictator!  He won’t prosecute delegates who violate the call. Your State government?  They sold you out to the feds long ago. Errant delegates will be protected by the feds.   It doesn’t matter what a law says if it isn’t enforced.

Ever since 1963, globalists have intended to use an Article V convention as the means for imposing a new Constitution on us.  Today, George Soros – the destroyer of countries – is financing the push for a convention.  Don’t let him and his minions destroy America.

Conclusion

This little chart illustrates our Constitution & Declaration and the enumerated powers delegated to the federal government.  For 100 years, we elected politicians who ignore them. We don’t understand that the amendments proposed by Michael Farris, Mark Levin, Randy Barnett, & Nick Dranias increase the powers of the federal government because we don’t know the list of enumerated powers in the Constitution. You could remedy that:  Print out the chart and read the Constitution & Declaration!

As The Blue Tail Gadfly said, even though “the Constitution is not being enforced, it still declares this federal government LAWLESS! The true rule of law is still on our side, but not for much longer if the Constitution is allowed to be foolishly altered.”

Endnotes:

1   http://patriotcoalition.com/docs/Ford-Pursuit-of-Globalism.pdf

2 Those pushing for a convention are not telling the truth about what Madison said in his letter to Turberville.  The only way you can know who is telling the truth is to study the letter.

3 Madison did not endorse the “convention method” of proposing amendments.  He always said that when States want amendments, they should instruct their congressional delegation to pursue it:

  •  In his letter of 1788 to Turberville, he speaks of the two methods of proposing amendments:

“2. A Convention cannot be called … without the previous application of ⅔ of the State legislatures…The difficulties … must …be much greater than will attend the origination of amendments in Congress, which may be done at the … [instruction] of a single State Legislature… ”

  • How was the Bill of Rights handled?  On May 5, 1789, Rep. Bland (p. 258-261) introduced into Congress a petition from Virginia for an Art. V Convention to propose amendments.  On June 8, 1789, Madison (p. 448-460) circumvented Bland and introduced the amendments for Congress to propose to the States.  On September 24, 1789, Congress sent them to the States for ratification.

4 If your spouse violates the marriage vows, amend the vows and your marriage will be saved!
If motorists violate the speed limit, amend the speed limit and safety will be restored!
When people violate the Ten Commandments, amend the Ten Commandments!
When politicians violate the Constitution, amend the Constitution, and all will obey it!

 5 It is important to understand that the proposed amendments drafted by Randy Barnett, Mark Levin, Nick Dranias, and Michael Farris all increase the powers of the federal government by legalizing powers they have already usurped – or they delegate new powers to the federal government.

6 The Constitution was a product of compromise:  Alexander Hamilton was an abolitionist – but the Constitution permitted slavery.  James Madison wanted to stop the importation of slaves immediately (Federalist No. 42, 6th para); but Art. I, Sec. 9, clause 1 permitted it to continue 20 more years. Hamilton said the Constitution wasn’t perfect, but “is the best that the present views and circumstances of the country will permit” (Federalist No. 85, 6th – 8th paras).  The “convention” provision of Art. V seems to have been added – on the last day of deliberations (Sep. 15, 1787) – to induce Mason & Randolph to sign the Constitution.  But they still refused to sign. PH

Note: This last series of Questions and Answers was suggested by an esteemed colleague:

Q: Are there unanswered questions about an Article V Convention?
A: Yes!  Article V is utterly silent about the following and more:

  • How would delegates be selected?  And who would select them: Congress? The States? A national Referendum?
  • Would the States even be represented at the convention? If so, how many delegates and/or how many votes would each State have at a convention?
  • Would a convention be open or closed to the public and the media?  (The Convention of 1787 was closed.)
  • Could a convention be limited to consideration of a single amendment, or several amendments?  [The plural language of Article V, “a convention for proposing amendments,” suggests the convention could not be limited to a single amendment.]
  • Could a convention consider an entirely new constitution?
  • How would state calls for a convention be tabulated? For example:   If 20 states call for a convention to consider a balanced budget amendment; 10 states call for a convention to consider a term limits amendment; and 4 states call for a convention to consider a right-to-life amendment, will these all be counted together to constitute 34 state calls for a convention?  And will the convention be authorized to consider all three amendments even though none of them individually have been called for by 34 states?  May it consider other amendments?   Must all of the state calls for a convention agree on the precise wording of the amendment to be considered?  And could a convention alter the wording of the proposed amendment, or must it be passed or rejected in exactly the form the states called for?   Will state calls for a convention many years ago be counted in determining whether 34 states have called for a convention?  For example, in the 1970s and 1980s about 32 states called for a convention to consider a balanced budget amendment.  If two more states called for a convention today, would that constitute 34 states?  Article V says nothing about any time limit on such calls.
  •  If a state calls for a convention, may the state later rescind its call?  Article V is silent about this question.  Several of the states that called for a convention in the 1970s and 1980s later rescinded their calls, but no court has ever determined whether those rescissions are valid.
  • What rules would a convention follow, and who would make those rules?  Article V says if two-thirds of the states apply for a convention, “Congress … shall call a convention.”  Since Congress and Congress alone calls a convention, presumably Congress and Congress alone has authority to make rules for a convention — rules for delegate selection, voting, election of officers, agenda, scope of business, and other matters.  What if the Senate and the House cannot agree on rules for a convention?  Nothing in Article V gives the states any authority whatsoever to demand that a convention follow certain rules, or to condition their calls for a convention with the requirement that certain rules or limitations be followed.
  • If Congress can make rules for a convention and does so, what guarantee exists that the convention will abide by those rules?

The plain fact is, the Constitution is utterly silent about all of these questions.  As convention proponents confidently and dogmatically proclaim their answers to these questions, please ask yourself:  Do they have any authority for their claims?  Are you willing to just take their word for it?

Q:  Why are convention proponents so certain that a convention will be run by constitutional conservatives?
A:  This is a complete mystery.  There is no such guarantee.  Considering liberal dominance of the media, law schools, well-funded legal foundations, and state and federal governments, liberal dominance of a convention is not only possible but probable.

Q:  Is the drive for a convention led by conservatives?
A:  Some conservatives support a convention, along with numerous liberals and liberal organizations who are waiting in the wings to jump in and dominate a convention once it has been called.  But many conservatives strongly oppose a convention.  So please do not be misled into thinking support for a convention is the “default” conservative position.

Revised June 23, 2014

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February 27, 2014 Posted by | Article V, Article V Convention, constitutional convention, Convention of States project, Jordan Sillars, re-writing the Constitution | , , , , , | 39 Comments

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