Publius-Huldah's Blog

Understanding the Constitution

“Monumental” speech against an Article V convention

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

Please note that I prove what I say.

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

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

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

 

 

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

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

By Publius Huldah

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

USMCA “Trade Agreement”

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

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

North American Union

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

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

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

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

An Article V Convention

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

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

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

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

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

Red flag Laws & Gun Confiscation

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

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

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

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

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

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

Endnotes:

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

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

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

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

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

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

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

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

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

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

♦ Koch brothers from Conservapedia [link]

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

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 | , , , , , , , , , , , , , , , , , , , | 16 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

The George Mason Fabrication

By Publius Huldah 1

“…of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants. Federalist No. 1 (5th para), Alexander Hamilton.

Those who have read Article I, §8, clauses 1-16 of our federal Constitution know that it delegates only a tiny handful of powers (over the Country at large) to the federal government.

They also know that, for the last 100 years, the federal government has violated the Constitution by usurping thousands of powers not delegated.

So what do we do about it?

1. The silly answer of the convention lobby

The convention lobby says that when the federal government violates the Constitution, the solution is to amend the Constitution.

Now think about that: When a spouse violates the marriage vows, is the solution is to change the marriage vows? When people ignore speed limits, is the solution to change the speed limits? When people violate the Ten Commandments, is the solution to change the Ten Commandments?

Of course not! The solution is obedience: to the Constitution, the marriage vows, the speed limits, and God.

But the convention lobby moves from silliness to insidiousness: They say we can only get the amendments we need at an Article V convention.

 2. Why do they want a convention?

From the beginning, the enemies of our Constitution wanted to get rid of it: On Aug. 31, 1787, George Mason said “he would sooner chop off his right hand than put it to the Constitution as it now stands”; and if it wasn’t changed to suit his views, he wanted another general convention. 2

Such demands for another convention were made throughout the ratification process, and continued after our Constitution was ratified by the ninth State on June 21, 1788. James Madison, Alexander Hamilton, and John Jay, among others, addressed these demands in their writings.

A convention is the vehicle for getting a new Constitution. Today’s enemies of our Constitution are spending vast sums of money to buy an Article V convention. Their hirelings are propagandizing the People and are pushing State Legislatures all over our Country to apply to Congress to call a convention.

Article V of our Constitution provides two methods of amendment:

  • Congress proposes amendments and sends them to the States for ratification; or
  • Congress calls a convention if two thirds of the States apply for it.

Our existing 27 Amendments were obtained under the first method. We’ve never used the convention method because until recently, Americans understood the danger.

James Madison wrote in his Nov. 2, 1788 letter to Turberville that he “trembled” at the prospect of a second convention; and if there were another convention, “the most violent partizans”, and “individuals of insidious views” would strive to be delegates and would have “a dangerous opportunity of sapping the very foundations of the fabric” of our Country. 3

Alexander Hamilton “dreaded” the consequences of another convention because he knew that enemies of our Constitution wanted to get rid of it: Federalist No. 85. 4

The same goes for today. If there is an Article V convention, our enemies will have the opportunity to get rid of our existing Constitution and impose a new one. 5

Different factions already have new Constitutions in hand or in preparation in anticipation of an Article V convention. 6

The globalist elite [the Bush family, et al] want to move our Country into the North American Union (NAU). Under the NAU, Canada, the United States, and Mexico merge, and a Parliament is set up over them. Until recently, a copy of the Task Force Report on the NAU was posted at the website of the Council on Foreign Relations; now one must purchase a copy. The globalists need a new Constitution for the United States which transforms us from a sovereign nation to a member state of the NAU. To get this new Constitution, they need an Article V convention. See this brief commentary .

Now that you see what’s at stake, let’s return to the claims of the convention lobby.

3. The Revisionist Account of the federal convention of 1787

The convention lobby claims that, at the federal convention of 1787 where our present Constitution was drafted, our Framers gave us the Article V convention as the “solution” to federal usurpations. E.g., Michael Farris wrote: 7

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

But Mason didn’t say that. Nor did any other delegates say that. They weren’t silly men; and they understood that amendments have a very different purpose.

4. Our Framers said the purpose of amendments is to remedy defects in the Constitution

James Madison was a delegate to the federal convention of 1787, and kept a Journal. I went through it, collected every reference to what became Article V, and wrote it up – here it is. Madison’s Journal shows what the Framers really said about the purpose of amendments:

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

♦ George Mason said on June 11, 1787:

The Constitution now being formed “will certainly be defective”, as the Articles of Confederation have been found to be. “Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent…” [boldface mine]

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

Other primary source writings of the time show:

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

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

♦ If “… the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates …” (Washington’s Farewell Address, page 19) 8

That’s what they really said.

Amendments can’t “rein in” the federal government when it “violates its constitutional limitations” because when it does so, it is ignoring the existing limitations on its powers. We cannot fix federal usurpations of non-delegated powers by amending the Constitution to say the federal government cannot do what the Constitution never gave it the power to do in the first place!

And look at recent history: The 1st Amendment didn’t stop them from banning Christian speech in the public square. The 2nd Amendment didn’t stop them from regulating the sale of firearms. The 4th Amendment didn’t stop them from spying on us without a warrant. The 5th Amendment didn’t stop them from regulatory takings. The 10th Amendment didn’t stop them from usurping thousands of other powers not delegated.

Now let’s look at the words of George Mason which the convention lobby has twisted and taken out of context in an attempt to justify their absurd and ruinous claim.

5. The Dispute over the proper role of Congress in the amendment process

Under the Articles of Confederation (ART. 13), amendments had to be approved by the Continental Congress and all of the then 13 States.

The dispute at the federal convention of 1787 was whether Congress – under the second Constitution then being drafted – should have any power over the amendment process.

Madison wanted Congress to propose all amendments, either on their own initiative or at the request of two thirds of the States. On Sep. 10, 1787, he proposed this wording for Article V:

“The Legislature of the United States, whenever two-thirds of both houses shall deem necessary, or on the application of two-thirds of the Legislatures of the several States, shall propose amendments to this Constitution …”

But Mason said the States should be able to propose amendments without having to depend on Congress. On Sep. 15, 1787, Mason said, respecting Madison’s proposed wording:

“As the proposing of amendments is in both the modes to depend, in the first immediately, and in the second ultimately, on Congress, no amendments of the proper kind, would ever be obtained by the people, if the government should become oppressive, as he verily believed would be the case.”

Now remember! Mason agreed with the other delegates that the purpose of amendments is to remedy defects in the Constitution. Mason’s concern was that Congress might not agree to amendments which would be needed to correct defects.

Footnote 8 shows that the 11th Amendment was adopted to correct what the States saw as a defect in the powers delegated to the federal courts. The 11th Amendment removed that delegated power from the federal courts. But what if Congress hadn’t agreed to propose that amendment? That type of scenario is what Mason’s words addressed.

Here are examples of other defects Congress might not agree to fix by amendment:

♦ The Tariff Act of 1828 was constitutional – it was authorized by Art. I, §8, clause 1. But it was oppressive because it benefited infant industries in the North at the expense of the Southern States. An amendment could provide that tariffs may be imposed only to raise revenue to carry out the delegated powers of the federal government; and may not be imposed to benefit domestic industries, or to benefit one part of the Country at the expense of another part. But Congress might not agree.

♦  Slavery was permitted under our original Constitution. The federal fugitive slave laws (Art. IV, §2, clause 3) were oppressive. Slavery is a defect to be repaired by amendment. But Congress might not agree.

Do you see? Mason’s words, read together, show that his concern was that Congress might not agree to amendments the States wanted to correct defects in the federal Constitution.

Neither Mason nor anyone else was so silly as to say that when the federal government “violates its constitutional limitations”, the solution is to amend the Constitution.

6. Why was the convention method added to Article V?

That the convention method was added doesn’t mean that all thought it a terrific idea. It was a compromise; and the delegates knew they couldn’t keep future generations from doing what they themselves had already done twice: Invoking the Right, acknowledged in the 2nd para of our Declaration of Independence, to throw off one government and set up a new one. They invoked that Right during 1776 to throw off the British Monarchy; and during 1787, they invoked it again to throw off the Articles of Confederation – and the government it had created – and set up a new Constitution which created a new government.

In Federalist No. 40 (15th para), Madison specifically invoked this Right as justification for what they did at the federal convention of 1787: They ignored the Resolution of February 21, 1787 of the Continental Congress which called the convention “for the sole and express purpose of revising the Articles of Confederation”; they ignored the instructions from their States; 9 and they drafted a new Constitution with a new mode of ratification (only 9 States needed to ratify our Constitution of 1787).

There is nothing which can stop the delegates to an Article V convention from doing the same thing. And remember: New Constitutions are already prepared or in the works.

7. What’s our real problem? Let’s man-up and address that

Our problem today is not a defective Constitution. Our problem is ignorance, loss of virtue, and disobedience. Our Framers expected us to be virtuous and informed; and the States to resist federal usurpations. 10

Are we no longer worthy of the Constitution our Framers gave us? If not, the globalists have plans for us, and they need an Article V convention to impose them.

Don’t fall into the trap they have set for us. Open your eyes.

Endnotes:

1 My friend Don Fotheringham and I discussed this issue; this paper reflects his valuable insights. His paper, “Article V is Deliberately Vague”, is HERE; and his excellent book, “The President Makers: How Billionaires Control U.S. and Foreign Policy”, is HERE.

2 Mason didn’t chop off his right hand. He, along with Edmund Randolph and Elbridge Gerry, refused to sign the Constitution: see Madison’s Journal of the Federal Convention for Sep. 17, 1787. Randolph wanted the States to be able to propose amendments to the proposed Constitution, and then all would be submitted to and finally decided on by another general convention: Aug. 31, Sep. 10, and Sep. 15, 1787. Gerry’s objections to the proposed Constitution were such that “the best that could be done…was to provide for a second general Convention”: Sep. 15, 1787.

Note well: The federal convention of 1787 was called “for the sole and express purpose of revising the Articles of Confederation, and all referred to it as a “general convention” [search HERE for “general convention”, and you will see]. And in Madison’s Nov. 2, 1788 letter to Turberville, he writes,

“…3. If a General Convention were to take place for the avowed and sole purpose of revising the Constitution it would naturally consider itself as having a greater latitude than the Congress appointed …” [boldface mine]

An Article V convention is a “general convention”.

3 Madison opposed the convention method: Federalist No. 49 (Feb. 1788); his letter to Turberville of Nov. 2, 1788; his letter to George Eve of Jan. 2, 1789; and on June 8, 1789, he circumvented the application previously submitted by Virginia on May 5, 1789 for an Article V convention, by introducing into Congress a proposed “bill of rights”. That is the procedure we have followed ever since: When States want amendments, they instruct their congressional delegation to propose them.

4 In Federalist No. 85 (Aug. 1788), Hamilton addressed the arguments of antifederalists who wanted another convention so they could get rid of our newly ratified Constitution. The “excellent little pamphlet” he refers to (9th para) was written during April 1788 by John Jay (first Chief Justice of the United States) and shows:

“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.”

Jay warned in his Pamphlet that a new convention would run “extravagant risques” [risks].

5 Even though Article V speaks of “a Convention for proposing Amendments”, the delegates will have the “self-evident” power, recognized in the 2nd para of our Declaration of Independence, to throw off our existing Form of Government and set up a new Constitution which creates a new government. And since the new Constitution drafted at an Article V convention will also have its own new mode of ratification, it is sure to be approved.

6 The proposed Constitution for the Newstates of America is ratified by a national referendum [Art 12, § 1]. Here’s the proposed Constitution for “The New Socialist Republic in North America”.

The Constitution 2020 movement is backed by George Soros, Eric Holder, Cass Sunstein, and Marxist law professors. They want a progressive Constitution in place by the year 2020.

7 Farris’ paper, “Answering the John Birch Society Questions about Article V”, is HERE on the COS website; the copy I preserved is HERE.

8 Our Constitution originally delegated to federal courts the power to hear cases “between a State and Citizens of another State” (Art. III, §2, cl. 1). But when a Citizen of South Carolina sued the State of Georgia, the States were outraged! See Chisholm v. Georgia, 2 U.S. 419 (1793). So the 11th Amendment was ratified to take away from the federal courts the power to hear such cases.

9 ART. 13 of the Articles of Confederation required amendments to be agreed to by Congress and all of the States. HERE are the instructions the States gave delegates to the federal convention of 1787:

♦  “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

10 Nullification Made Easy and What Should States Do When the Federal Government Usurps Power?

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June 7, 2017 Posted by | Article V Convention, convention lobby, George Mason, James Madison | , , , , , , , , , , , , , , , , , , , , | 17 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

An Article V convention is an imminent threat to our US Constitution

If you come to this event, you will see why Mark Meckler, Michael Farris, COS operatives, and the con-con lobby don’t want you to hear what I say.  I tell the TRUTH and prove it.

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March 1, 2017 Posted by | Article V Convention | , , , | 6 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

Open Letter to State Legislators Everywhere: The Other Side of the Article V Convention Issue

By Publius Huldah

If there is an Article V convention, we will lose the Constitution we have, and another Constitution will be imposed.

You are not getting both sides of this issue. Throughout the Country, those of us who are warning of the dangers of an Article V convention are marginalized, ridiculed, smeared, shut out of meetings, and barred from speaking in public forums. THIS short essay from the Principled Policy Blog describes what we face every day.

THIS article is an account by Donny Harwood, a Citizen of Tennessee, describing how he was shut out of the public meeting which the Convention of States people held on October 19, 2015 at the Millennium Maxwell House Hotel in Nashville, Tennessee. According to The Leaf-Chronicle, a number of Tennessee Legislators were at the meeting. A prominent Tennessee radio talk show host was also present.

And everyone at the meeting was prevented from hearing the other side of this issue.

The reason convention proponents forbid dissenting voices is that we prove, by means of Facts and original source documents, that the claims and promises of the convention proponents are false. HERE are some of the original source documents Legislators would hear about if they were presented with the other side of this issue.

We are in the final stage of a takeover. Statists of every variety [this includes the phony “conservatives”] want a new Constitution to legalize our transformation from the constitutional Republic created by our existing Constitution to a dictatorship.

To get a new Constitution, they need a convention. So they are telling conservatives that our Constitution is causing our problems and we need to amend the Constitution. And they say we can only make the amendments they say we need at a convention.

Article V of our Constitution provides two methods of amending our Constitution. Congress:

1. Proposes amendments, or

2. Calls a convention to propose amendments if 34 States apply for it.

The first method was used for our existing 27 amendments: Congress proposed them and sent them to the States for ratification or rejection.

Under the second method, Congress calls a convention. We have never had a convention under Article V. Such conventions are extremely dangerous. THIS is one of many articles which illustrate the danger, sets forth warnings from two of our Framers and two former US Supreme Court Justices, and explains why Delegates to a convention can NOT be controlled by State laws.

National conventions are dangerous because the Delegates have the plenipotentiary power to impose a new Constitution with a new mode of ratification. The video by Chuck Michaelis at the bottom of THIS page explains these plenipotentiary powers. Such Delegates are the Sovereign Representatives of The People and have the power to impose a new Constitution. This has already happened 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.

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.

Statists have been pushing for a convention for 50 years – ever since the Ford and Rockefeller Foundations produced the Constitution for the Newstates of America. They need a convention to get it imposed.

Several other Constitutions are already prepared and waiting for a convention.

If there is a convention, the only issues will be (1) whose Constitution will be imposed by the Delegates; and (2) what new mode of ratification will be set forth in the new Constitution.

♦ The Constitution for the Newstates of America imposes a totalitarian dictatorship. Article XII, § 1 thereof provides for ratification by a Referendum called by the President. The States are dissolved and replaced by regional governments answerable to the new national government.

♦ The Revolutionary Communist Party USA has a Constitution for The New Socialist Republic in North America.

♦ George Soros, Marxist law professors all over the Country, Cass Sunstein and Eric Holder want a Marxist Constitution in place by the year 2020.

♦ The “Convention of States” project wants a “re-written” Constitution which legalizes powers the federal government has already usurped, and delegates new powers to the federal government such as total power over children. Yet they are telling conservatives that they want a convention so they can get amendments “to limit the power and jurisdiction of the federal government”!

♦ The political establishment [both major parties] wants to transform the United States from a sovereign nation to a member state of the North American Union:  Canada, the United States, and Mexico are to merge and surrender their sovereignty to a Parliament which is to be set up over the three countries.  The United States will need a new Constitution to bring about this transformation.  This is being imposed on us by stealth.  Read the Task Force Report of the Council on Foreign Relations HERE. And to see how the European Union is working out for the formerly sovereign nations of Europe, watch this 7.5 minute video by Pat Condell.

In the past, conservatives defeated the periodic pushes for a convention. So the statists changed tactics: Now, they are marketing it to appeal to conservatives: they are telling conservatives that a convention is the only way to rein in the federal government. These statists, some wearing conservatives’ clothing, are using the classic techniques of statists: They are not telling the truth; they are smearing their opponents; and they have divided conservatives. Conservatives who were deceived by the marketing have been induced to attack and exclude conservatives who are warning of the dangers of a convention. And they won’t let us address their groups.

Our existing Constitution really was a 5,000 year miracle. We delegated only a handful of enumerated powers to the federal government – you can see what we delegated HERE. Our Constitution doesn’t need “fixing” – we need to restore the Constitution we already have. We begin the Restoration by reading and learning our Constitution and Declaration of Independence. And enforcing it! See, in this regard, the Tenth Amendment Center’s 2015 State of the Nullification Movement Report.

For the Love of God and Country, heed this warning.

Nov. 25, 2015; revised Dec. 23, 2015.

 

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November 25, 2015 Posted by | Article V Convention, Convention of States project, Delegates to a convention can't be controlled, Federal Convention of 1787 | , , , , , , , , | 52 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

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