This presentation was given on April 17, 2017 at the beautiful old Supreme Court Chamber at the Tennessee Capitol Building in Nashville.
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”. (pages 1-2)
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 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!
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 beginning 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’s revenue was from federal funds.
For a model Rescission Resolution, go HERE and then see box on right side which says, “Take Action”.
By Publius Huldah
Ever since, some 50 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
Anyone who refuses to look into this is willfully blind and morally culpable.
The billionaires who are buying an Article V convention (e.g., 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.
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.
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.
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:
- 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.
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”.
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.
♦ 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.
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.
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
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.
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.
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.
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….