Publius-Huldah's Blog

Understanding the Constitution

How a Balanced Budget Amendment Would Give the Federal Government Lawful Power Over Whatever They Want

By Publius Huldah

Does our existing Constitution permit the federal government to spend money on whatever they want?

No! It contains precise limits on federal spending.

Federal spending is limited by the enumerated powers delegated to the federal government. If you go through the Constitution and highlight all the powers delegated to Congress and the President, you will get a complete list of the objects on which Congress is permitted to spend money. Here’s the list:

♦ The Census (Art. I, §2, cl. 3)

♦ Publishing the Journals of the House and Senate (Art. I, §5, cl. 3)

♦ Salaries of Senators and Representatives (Art. I, § 6, cl. 1)

♦ Salaries of civil officers of the United States (Art. I, §6, cl. 2 & Art. II, §1, cl. 7)

♦ Pay the Debts (Art. I, §8, cl. 1 & Art. VI, cl.1)

♦ Pay tax collectors (Art. I, §8, cl.1)

♦ Regulate commerce with foreign Nations, among the several States, and with Indian Tribes (Art. I, §8, cl.3)

♦ Immigration office (Art. I, §8, cl.4)

♦ The mint (Art. I, §8, cl. 5)

♦ Attorney General to handle the small amount of authorized federal litigation involving the national government (e.g., Art. I, §8, cls. 6 & 10)

♦ Post offices & post roads (Art. I, §8, cl. 7)

♦ Patent & copyright office (Art. I, §8, cl. 8)

♦ Federal courts (Art. I, §8, cl. 9 & Art. III, §1)

♦ Military and Militia (Art. I, §8, cls. 11-16)

♦ Since Congress has general legislative authority over the federal enclaves listed in Art. I, §8, next to last clause, Congress has broad spending authority over the tiny geographical areas listed in this clause.

♦ The President’s entertainment expenses for foreign dignitaries (Art. II, §3); and

♦ Since Congress had general legislative authority over the Western Territory before it was broken up into States, Congress could appropriate funds for the US Marshals, federal judges, and the like for that Territory (Art. IV, §3, cl. 2).

That’s what Congress is authorized by our Constitution to spend money on. Did I leave anything out? Take a few minutes and, armed with a highlighter, read carefully through the Constitution and see for yourself.

Congress is to appropriate funds to carry out this handful of delegated powers; and it is to pay the bills with receipts from taxes. 1

Pursuant to Article I, §9, clause 7, the federal government is to periodically publish a Statement and Account of Receipts and Expenditures. Citizens could use this Statement and Account – which would be so short that everyone would have time to read it – to monitor the spending of their public servants.

So that’s how our existing Constitution limits federal spending:

♦ If it’s on the list of enumerated powers, Congress may lawfully spend money on it.

♦ But if it’s not on the list, Congress usurps powers not delegated when it appropriates money for it.

It was unconstitutional spending and unconstitutional promises (Social Security, Medicare, etc., etc., etc.) which got us a national debt of $19 trillion, plus a hundred trillion or so in unfunded liabilities.

Since the Constitution delegates to Congress only limited and narrowly defined authority to spend money; the Constitution doesn’t provide for a budget.

We never had a federal budget until Congress passed the Budget and Accounting Act of 1921. By this time, the Progressives controlled both political parties and the federal government.

The Progressives wanted a federal budget because they wanted to spend money on objects which were not on the list of delegated powers.

A balanced budget amendment (BBA) would substitute a budget for the enumerated powers, and thus would legalize the current practice where Congress spends money on whatever they or the President put in the budget.

The result of a BBA is to change the constitutional standard for spending from whether the object is on the list of enumerated powers to a limit on the total amount of spending.

♦And to add insult to injury, the limits on spending are fictitious because they can be waived whenever Congress 2 votes to waive them.

And because a BBA would permit Congress to lawfully spend money on whatever is put in the budget, the powers of the federal government would be lawfully increased to include whatever THEY decide to put in the budget.

So a BBA would fundamentally transform our Constitution from one of enumerated powers only to one of general and unlimited powers – because the federal government would then be authorized by the Constitution to exercise power over ANY object they decide to put into the budget!

You must read proposed amendments and understand how they change our Constitution before you support them.

All federal and State officials take an oath to support the federal Constitution (Art. VI, clause 3). When people in Congress appropriate funds for objects not listed in the Constitution; and when State officials accept federal funds for objects not listed, they violate their oath to support the Constitution. According to the PEW Report, federal funds provided an average of 30% of the States’ revenue for FY 2013. Look up your State HERE. Were those federal funds used to implement unconstitutional federal programs in your State?

Power over education, medical care, agriculture, state and local law enforcement, environment, etc., is not delegated to the federal government: those powers are reserved by the States or the People. Congress spends on objects for which it has no constitutional authority; and bribes States with federal funds to induce them to implement unconstitutional federal programs. It was the unconstitutional spending which gave us this crushing $19 Trillion debt.

How do we go about downsizing the federal government to its constitutional limits?

We stop the unconstitutional and frivolous spending one can read about all over the internet.

We begin the shutdown of unconstitutional federal departments and agencies by selecting for immediate closure those which serve no useful purpose or cause actual harm such as the Departments of Energy, Education, Homeland Security, and the Environmental Protection Agency. 3

Other unconstitutional federal departments and agencies must be dismantled and their functions returned to the States or The People.

An orderly phase-out is required of those unconstitutional federal programs in which Citizens were forced to participate – such as social security and Medicare – so that the rug is not pulled out from American Citizens who became dependent.

The federal government is obligated (Art. I, §8, cl. 11-16) to provide for service related injuries suffered by our Veterans.

The Constitution delegates to Congress the power to appropriate funds for “post Roads” (Art. I, §8, cl. 7). While there may be room for argument as to what is included within the term, “post Road”; clearly, some federal involvement in road building is authorized by our Constitution. State dependence on federal highway funds might be reduced by eliminating or reducing federal fuel taxes, and the substitution of fuel taxes collected by individual States. And there is nothing immoral about toll roads.

Since our Constitution was written to delegate to the federal government only the few and defined powers enumerated in the Constitution, we don’t have to change the Constitution to rein in federal spending. The Constitution isn’t the problem – ignoring it is the problem. Let us begin to enforce the Constitution we have.

Endnotes:

1 Our original Constitution authorized only excise taxes & tariffs on imports (Art. I, §8, clause 1), with any shortfall being made up by an apportioned assessment on the States based on population (Art. I, §2, clause 3).

2 Compact for America’s (CFA) version of a BBA permits spending limits to be waived whenever Congress and 26 States agree. CFA’s version also authorizes Congress to impose a national sales tax and a national value added tax in addition to keeping the income tax! See THIS Paper.

3 George Washington’s Cabinet had four members: Secretary of State, Secretary of War, Secretary of Treasury, and Attorney General.

Feb 2, 2016

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February 2, 2016 Posted by | Balanced Budget Amendment | , , , | 17 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

PH’s Article V Convention & Nullification Event in North Carolina on May 26, 2015

To my Friends in North Carolina: Do come! I would love to meet you. And if you don’t want to eat lunch, don’t.

To COS operatives & groupies: If you come and snip at me, I will show you how a Cold War Warrior (and womanly woman) with brains, knowledge, moral character, and a quick wit, fights.

Click on the photo to make it bigger.

 

MAY-7

May 18, 2015 Posted by | Uncategorized | , , , , , | 8 Comments

PH’s Article V Convention & Nullification Events in Indiana for May, 2015

I will speak on the deadly danger of an Article V convention, and of the two remedies our Framers actually told us to use when the national government usurps power, at the following events:

Date: Wednesday, May 13, 2015 in Auburn, Indiana
Host: DeKalb County 9/12 Group
Location: St. Andrew Evangelical Presbyterian Church, 320 W. 4th Street, Auburn, Indiana 46706                                   Time:  5:30 p.m. for food; 6:30 p.m. for meeting, EDT.

See Face Book page HERE

 

Date: Thursday, May 14, 2015 in Elkhart, Indiana
Host: TEA-MAC  with Constitutional Sheriff Brad Rogers.
Location:  Trinity United Methodist Church, 2715 E. Jackson Blvd., Elkhart, Indiana 46516
Time: 7:00 p.m. EDT

THE DEADLY DANGER OF ARTICLE V CONVENTION Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

May 8, 2015 Posted by | Uncategorized | , , , , , , , , , , , , , , , , | 4 Comments

PH’s Article V & Nullification Event in West Chester, Ohio

I will speak on the deadly danger of an Article V convention, and of the two remedies our Framers actually told us to use when the federal government usurps power, at the following event:

Date: Saturday, April 11, 2015
Host:  Building Blocks for Liberty
Location: Lakota West Freshman Auditorium, 5050 Tylersville Road, West Chester, Ohio 45069
Time: 10:00 AM – 12:00 PM Eastern Time

See website describing event HERE.

 

There will also be someone from COS there to tell you that all our problems can be fixed by having a CONVENTION where our Constitution will be “amended”.  The official COS line is that only amendments will be proposed.

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

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

So the Communications Director for the COS says our Constitution will be “re-written”.  HERE is the screen shot of Sillar’s comments.

And what will this “re-written” Constitution look like?  Michael Farris’ proposed “parental rights amendment” gives us an ominous warning of what anything Farris has a hand in will look like:  His proposed amendment, which he claims will protect parental rights, actually delegates power over children to the federal and state governments! Read it HERE.

And don’t forget, the re-written Constitution will have its own new mode of ratification.  It need not be 3/4 of the States – it can be any mode of ratification the drafters want.  E.g., the proposed Constitution for the Newstates of America is ratified by a Referendum called by the President.  Read the proposed Newstates Constitution HERE.

The reason these people want a convention is because a new Constitution can only be imposed at a convention.

Any needed Amendments can be made the way the existing 27 Amendments were made!  Congress proposes them and sends them to the States for ratification!  James Madison always said that when States want Amendments, they should instruct their Delegations to Congress to propose them.

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April 4, 2015 Posted by | Uncategorized | , , , , , , , | 2 Comments

PH’s Article V Convention & Nullification Events in Kentucky & North Carolina

I will speak on the deadly danger of an Article V convention, and of the two remedies our Framers actually told us to use when the federal government usurps power, at the following events:

Date: Thursday, March 19, 2015 in Union, Kentucky.
Host: John Birch Society – Kentucky
Location: Triple Crown Country Club, 1 Triple Crown Blvd, Union, KY 41091
Time: Noon to 2:00 p.m.  Eastern Standard Time.
This is a lunch event – lunch is $16.00

 

Date: Tuesday, March 24, 2015 in Greensboro, North Carolina.
Host: Conservatives for Guilford County (C4GC)
Location: The Oakbranch Conference Center, 23 Oak Branch Drive, Greensboro, NC 27407
Time: 6:30 – 8:30 p.m., Eastern Time.

See flyer here: https://www.facebook.com/conservatives4gc/photos/gm.342448609282620/10152684533065373/?type=1&theater

 

Date:  Saturday, March 28, 2015 in Charlotte, North Carolina.
Host:  The Rightful Remedy Conference
Location: University of North Carolina at Charlotte, 9201 University City Blvd, Fretwell Building, Room 100
Time: 9:00 a.m. to 5:00 p.m. Eastern Time

On internet: http://rightfulremedyconference.com/

On face Book:  https://www.facebook.com/events/386914354780520/

 

Love to see you at any of these events!  And if you can’t come, please forward to your contacts in these areas.

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March 15, 2015 Posted by | Uncategorized | , , , , , , , , , , | 29 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

Delegates to an Article V Convention Can’t be Controlled by State Laws!

By Publius Huldah

Our Declaration of Independence (2nd para) sets forth our long forgotten Founding Principles that:

♦  All men are created equal.

♦  Rights come from God.

♦  People create governments to secure God-given rights. The first three words of our Constitution throw off the European model where political power originates with the State; and establish the new Principle that WE THE PEOPLE are the “pure, original fountain of all legitimate political authority” (Federalist No. 22, last sentence).

♦  When a government seeks to take away our God given rights, we have the right to alter, abolish, or throw off that Form of government.

These are the Principles which justified our Revolution against a King.

These are also the Principles which permit us today to throw off our Form of government by discarding our existing Constitution and replacing it with another one. This is why the language at Article V of our Constitution, which authorizes Congress to call a convention “for proposing amendments”, does not restrict Delegates to merely “proposing amendments”: Delegates are invested with that inherent pre-existing sovereign right, recognized in our Declaration, to abolish our existing Form of government (our Constitution) and propose a new Constitution.

This has happened once before in our Country. I’ll show you.

The Federal Convention of 1787: Federal and State Instructions to Delegates

Pursuant to Article XIII of The Articles of Confederation (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”.

The Continental Congress authorized each of the then 13 States to appoint Delegates to the convention. Twelve of the States 1 appointed Delegates and  instructed them to propose amendments to the Articles of Confederation.  2

But the Delegates ignored the federal and State limitations and wrote a new Constitution (the one we have now is our second Constitution).  Because of this inherent authority of Delegates, it is impossible to stop it from happening at a convention today (which will surely result in a third Constitution).

The Delegates to the 1787 convention also instituted an easier mode of ratification. Whereas Article XIII of the Articles of Confederation required approval of the Continental Congress and all of the then 13 States before an amendment could be ratified; Article VII of the new Constitution provided that only 9 States were required for ratification of the new Constitution.

 Why is an Article V Convention Dangerous?

So! Do you see? If we have a convention today, there is nothing to stop Delegates from proposing a third Constitution with its own new method of ratification.

New Constitutions are already prepared and waiting for a convention. Here are three:

♦  Fifty years ago, the Ford Foundation produced the Constitution for the Newstates of America. It is ratified by a referendum called by the President [Art 12, Sec. 1]. If we have a convention, and Delegates propose the Newstates Constitution, it doesn’t go to the States for ratification – it goes directly to the President to call a Referendum. The States are dissolved and replaced by regional governments answerable to the new national government. Read the Newstates Constitution and tremble for your country.

♦ The Revolutionary Communist Party, USA has a Constitution for The New Socialist Republic in North America.  The text of their proposed constitution is HERE.

♦ The Constitution 2020 movement is funded by George Soros and supported by Marxist law professors and Marxist groups all over the Country, Cass Sunstein and Eric Holder. They want a Marxist Constitution and they want it in place by the year 2020. It further appears that Soros is funding much of the current push for an Article V convention.

Do you know about the North American Union (NAU)?  During 2005, George W. Bush met on his ranch with the Prime Minister of Canada and the President of Mexico and they sketched it out.  The three countries merge and a Parliament is set up over them.  HERE is the Task Force Report on the NAU by the Council of Foreign Relations – Heidi Cruz was on the Task Force which wrote this up.  The United States will need a new Constitution wherein we surrender our sovereignty to the North American Union.   People!  If there is an Art. V convention, the Delegates can impose such a new Constitution with whatever mode of ratification will guarantee approval; and before you know it, we will be a Member State of the NAU.

Warnings from the Wise

Brilliant men have warned against an Article V convention. It is immoral to dismiss their warnings:

♦  Alexander Hamilton writes 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); and that he “dreaded” the consequences of a new convention because he knows that there are powerful individuals in several States who are enemies to having any kind of general [federal] government.  This could result in our losing the Constitution we have (No. 85, last para).

♦  James Madison writes in his Nov. 2, 1788 letter to Turberville that he “trembled” at the prospect of a second convention; and that an Article V Convention would give “the most violent partizans” and “individuals of insidious views” “a dangerous opportunity of sapping the very foundations of the fabric” of our Country.

In Federalist No. 49, Madison shows that the convention method is NOT GOOD to correct breaches of the federal constitution because the People aren’t philosophers – they follow what influential people tell them! And the very legislators who caused the problem would get themselves seats at the convention so they could control the outcome.

♦  Former US Supreme Court Justice Arthur Goldberg reminds us in his Sep. 14, 1986 article in The Miami Herald, that at the convention of 1787, the delegates ignored their instructions from the Continental Congress and instead of proposing amendments to the Articles of Confederation, wrote a new Constitution. He warns that “…any attempt at limiting the agenda [of the convention] would almost certainly be unenforceable.”

♦  Former US Supreme Court Chief Justice Warren Berger warns in his June 1988 letter to Phyllis Schlafly that “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”; and “A new Convention could plunge our Nation into constitutional confusion and confrontation at every turn…” 

♦ Former US Supreme Court Justice Scalia said on April 17, 2014 at the beginning of this video:

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

Can State Laws Control Delegates?

Convention supporters say we don’t have to worry about any of the above because States can make laws controlling their Delegates.

Really? Alexander Hamilton and James Madison (father of our Constitution), opponents of the convention method of proposing amendments, didn’t know that. Two US Supreme Court Justices didn’t know that. They said there is no effective way to control the Delegates.

But in case you are uncertain as to who is telling you the Truth – and who isn’t – I will show you how easily State laws which pretend to control Delegates can be circumvented. Let’s use House Bill 148, recently filed in the New Hampshire Legislature, to illustrate this:

Section 20-C:2 I. of the New Hampshire bill says:

“No delegate from New Hampshire to the Article V convention shall have the authority to allow consideration, consider, or approve an unauthorized amendment to the Constitution for the United States of America.” [italics mine]

Section 20-C:1 V. of the bill defines “unauthorized amendment” as:

“any amendment outside the scope permitted by the Article V petition passed by the general court of New Hampshire”.

What is wrong with this?

♦  If the States already know what amendments they want, they should tell their State congressional delegations to propose them in Congress. This is the method James Madison used and always advised.

♦  New Hampshire Delegates can’t restrict Delegates from other States.

♦  It doesn’t prohibit New Hampshire Delegates from proposing or approving a new Constitution.

♦  It ignores the inherent sovereign authority of Delegates to throw off both their State governments and the federal government by proposing a new constitution with whatever new mode of ratification they want. Remember! Under the proposed Newstates Constitution, the States are dissolved and replaced by regional governments answerable to the new national government.

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

♦  Article V of the US Constitution provides that Amendments will be proposed at the convention. Any state laws contrary to Article V must fall under the supremacy clause at Article VI, US Constitution.

 

Section 20-C:2 II. of the New Hampshire bill says:

“Any vote taken by a delegate from New Hampshire at the Article V convention in violation of paragraph I of this section shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the Article V convention.”

What is wrong with this?

♦  What if the Delegates vote to keep their proceedings secret? At the federal convention on May 29, 1787, our Framers made rules restricting publications of their proceedings.

♦  What if the Delegates vote by secret ballot? As long as some vote “for” and others vote “against” every proposition, there is no way to tell who did what.

Section 20-C:2 III. of the New Hampshire bill says:

“Every delegate from New Hampshire to the Article V convention called for by the Article V petition shall be required to take the following oath:” “I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to the Article V convention, uphold the Constitution and laws of the United States and the state of New Hampshire. I will accept and will act according to the limits of the authority as a delegate granted to me by New Hampshire law, and I will not vote to consider or approve any unauthorized amendment to the Constitution for the United States of America. I understand and accept any penalties that may be imposed on me by New Hampshire law for violating this oath.” [boldface mine]

Does one need to comment on the efficacy of Oaths of Office in our degenerate times? Article II, §1, last clause, of our Constitution requires the President to take an Oath to “preserve, protect and defend the Constitution of the United States”; and Article VI, last clause, requires everyone in the federal and State governments to take an oath to obey the Constitution. Who today honors his Oath of Office?

Section 20-C:2 IV. of the New Hampshire bill says:

“Any delegate who violates the oath contained in paragraph III of this section shall be subject to the maximum criminal penalty under RSA 641:2.”

Any criminal defense attorney worth her salt can figure out how to get around this one:

♦  As shown above, if the proceedings of the convention are kept secret, or Delegates vote by secret ballot, one would never know if any one Delegate violated his oath. Defense counsel would get any attempted criminal prosecution of any particular Delegate dismissed at a pretrial hearing.

♦  Congress can pass a law granting immunity from prosecution to the Delegates.

♦  The Delegates can insert a clause in the new constitution granting themselves immunity from prosecution.

♦  If the new constitution abolishes the States, as does the Newstates Constitution, there is no State left to prosecute Delegates.

♦  The local prosecutor is the one who decides whether he will prosecute any criminal offense under his jurisdiction. Politics are a deciding factor in deciding whether to prosecute. Remember Eric Holder refused to prosecute Black Panthers who intimidated white voters at a polling place?

Do you see? James Madison, Justice Arthur Goldberg, and Justice Warren Burger were right: It is impossible to restrict the Delegates.

Everything to Lose, Nothing to Gain

If there is a convention today, George Washington, James Madison, Ben Franklin, and Alexander Hamilton won’t be there to protect you. Who will the Delegates be? You don’t know. Do you trust them?

Our Framers never said that when the federal [and State] government violate the Constitution, the remedy is to amend the Constitution they violate.

They never said the remedy is to file a lawsuit and let federal judges decide. They expected us to act as they did – with “manly firmness” 3 – and resist unconstitutional acts of the federal and state governments.

Our Constitution doesn’t need “fixing” – it needs to be read and enforced by our votes; and failing that, by manly opposition – resistance – nullification.

Endnotes:

1 Rhode Island boycotted the Convention.

Article XIII of the Articles of Confederation required approval of amendments by the Continental Congress and by every State.

HERE [from Farrand’s Records, vol. 3, Appendix B, p. 559-586] 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.

3 The 7th paragraph of the Declaration of Independence says: “He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.” [boldface mine] PH

Published Feb 1, 2015
Revised July 9 &10, 2015; Oct 25, 2015; Jan 8, 2017

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February 1, 2015 Posted by | Amendments to the Constitution, Article V, Article V Convention, Convention of States project, Delegates to a convention can't be controlled, Faithful Delegate Laws, New Hampshire Faithful Delegate Law, North American Union | , , , , , , , , , , , , , , , , | 51 Comments

We Don’t Need an Article V Convention to “Clarify” Our Constitution!

By Publius Huldah

Those pushing for the so-called “convention of states” 1 say we must amend the Constitution because the people in Washington “don’t understand it”.

Rubbish!

Our Constitution is so simple that Alexander Hamilton expected us to be “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority”; and he said the people are “the natural guardians of the Constitution” (Federalist No. 16, next to last para).

Well then, if our Constitution is something The People are expected to know and enforce; is it plausible to assert that the Representatives we send to Washington – and even supreme Court Justices – are incapable of understanding it?

Justices on the supreme Court have been perverting our Constitution for a long time. Do they do this because they are so stupid they don’t understand our Constitution? Of course not! They violate our Constitution because they claim the right to impose their own personal views on the rest of us.

As every American over the age of 10 should know, the powers our federal Constitution delegates to Congress and the President are limited & defined – they are “enumerated”.

So! Progressives on the supreme Court had to find a way to get around the limitations imposed by the enumerated powers. And they did it by perverting three clauses: the “interstate commerce”, “general welfare”, and “necessary and proper” clauses.

However, a quick look in The Federalist Papers shows the original intents of these clauses. We don’t need a convention to draft amendments showing what these clauses mean – just look it up in The Federalist! But! You don’t have to – I’ve already done it – and here it is: 2

The “interstate commerce” clause (Art. I, §8, cl. 3)

Webster’s 1828 Dictionary says “commerce” is the buying and selling of goods.

In Federalist No. 22 (4th para) and Federalist No. 42 (9th & 10th paras), Hamilton and Madison explain the primary purpose of the clause: To prohibit the States from imposing taxes & tolls on merchandize as it is transported through the States for purposes of buying and selling.

The “general welfare” clause (Preamble & Art. I, §8, cl. 1)

Webster’s 1828 Dictionary defines “welfare” as:

“2. Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government; applied to states.”

It has nothing to do with handouts, public relief, or the feds doing whatever they think is a good idea.

In Federalist No. 41 (last 4 paras), Madison points out that Art. I, § 8, employs “general terms” which are “immediately” followed by the “enumeration of particular powers” which “explain and qualify”, by a “recital of particulars”, the “general phrase”. It is “error” to focus on “general expressions” and disregard “the specifications which ascertain and limit their import”; thus, to argue that the general expression provides an unlimited power is “an absurdity”.

So yes! The powers of Congress over the Country at Large really are limited primarily to those few listed at Art. I, §8, clauses 3-16.

Our Framers understood that “general Welfare”, i.e., the enjoyment of peace and prosperity, and the enjoyment of the ordinary blessings of society and civil government, was possible only with a federal government of strictly limited powers. [Let that sink in.]

The “necessary and proper” clause (Art. I, §8, last clause)

This clause delegates to Congress power to pass all laws necessary and proper to execute its declared powers (Federalist No. 29, 4th para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article”; a power to do something must be a power to pass all laws necessary and proper for the execution of that power, and thus the clause is “perfectly harmless”, a  “tautology or redundancy” (Federalist No. 33, 2nd & 3rd paras). Madison writes to the same effect in (Federalist No. 44, under his discussion of the SIXTH class of powers).

So the clause permits the execution of powers already delegated and enumerated in the Constitution.  No additional substantive powers are granted by the clause.

Learn the enumerated powers delegated to Congress & to the President. With our Votes & Nullification of unconstitutional acts, let’s enforce the Constitution we already have. Don’t let others change or replace it! PH

Endnotes:

1 The term, “convention of states”, is deliberately deceptive. The only convention for proposing amendments is the one at Article V of our Constitution – and Congress has the power to “call” it. And since Article I, Sec. 8, last clause, vests in Congress all powers “necessary and proper” to carry out its power to “call” the convention, Congress decides all organizational issues, such as, the number and selection process for delegates.

But once the delegates (whoever they turn out to be) are seated, neither Congress nor the States have any control over them. The delegates can do whatever they want. They can propose a new Constitution with a new method of ratification. Here are two Constitutions already waiting in the wings: The “Constitution for the New Socialist Republic in North America”, which you can read about from their own website HERE and from JBS HERE; or the “Constitution for the Newstates of America”, which you can read HERE. Do you think that any of the delegates (remember, you have no idea who they will be), can be bribed to introduce and vote for one of these proposed constitutions?

Disabuse yourself of the false notion that “the States have to ratify anything the convention does”. That is the second biggest lie ever told: The proposed “Constitution for the Newstates of America” is ratified by a Referendum called by the President. The States, as political bodies, never get the opportunity to reject it – they are dissolved and replaced by regions answerable directly to the new national government.

The ONLY precedent we have for an “amendments convention” is the federal convention of 1787 which drafted & proposed our existing Constitution.

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”.

The delegates ignored their instructions from the Continental Congress (and from their respective States) and wrote an entirely new Constitution – the one we now have. Furthermore, whereas Article XIII of the Articles of Confederation (LINK) required all of the then 13 States to ratify Amendments to the Articles; Article VII of the new Constitution required only 9 of the 13 States to ratify the new Constitution.

Do you see?

2 Our People don’t have a clue about what these 3 clauses mean. So YOU learn the original intent. On social media, start teaching that original intent to The People. Help turn on the lights in their minds. PH

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September 21, 2014 Posted by | Article V, Article V Convention, Convention of States project, Federal Convention of 1787, General Welfare Clause, Guardians of the Constitution, Interstate Commerce Clause, Necessary and Proper clause | , , , , , , , , | 28 Comments

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