Publius-Huldah's Blog

Understanding the Constitution

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 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

Straight Talk About An Article V Convention

By Publius Huldah

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

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

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

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

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

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

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

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

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

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

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

So! As the CRS Report states on page 27:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For Q’s & A’s on this issue, go HERE.

Endnotes:

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

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

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

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

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

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

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

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

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

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

Posted October 11, 2014.

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

Mark Levin’s “Liberty” Amendments: Legalizing Tyranny

By Publius Huldah

For 100 years, the federal government has usurped powers not delegated to it in our Constitution.

What should we do about it? Should we reclaim our existing Constitution and put an end to the usurpations?

Or should we “modernize” the Constitution by changing it so as to delegate to the federal government the powers it has usurped – so as to legalize what is now unconstitutional?

Mark Levin begins “The Liberty Amendments” by saying he doesn’t believe the Constitution requires “modernization through amendments”. But he then proposes a series of amendments, six of which modernize our Constitution to delegate to the federal government most of the powers it has usurped during the last 100 years.

And each of his six amendments does the opposite of what its title promises. I’ll show you. 1

Levin’s amendment to “limit the federal bureaucracy” [p 99-100 of his book]

George Washington’s cabinet had four members: Secretary of State, Secretary of War, Secretary of the Treasury, and Attorney General. Those functions are authorized by our Constitution. 2

But today there are numerous agencies in the Executive Branch of the federal government. Where is the constitutional authority? What Article, Section, and Clause authorizes the Departments of Agriculture, Education, Energy, Labor, Transportation, HHS, HUD, DHS, EPA, SBA, etc., etc., etc.?

There is no constitutional authority! Accordingly, all these agencies are unconstitutional as outside the scope of the powers delegated in our Constitution.

Well then, a person who wanted to “limit the federal bureaucracy” would demand that these agencies be closed, and their functions returned to the States and The People, right?

But Mark Levin doesn’t do this. Section 1 of his amendment legalizes all these agencies. It says:

“All federal departments and agencies shall expire if said departments and agencies are not individually reauthorized in stand-alone reauthorization bills every three years by a majority vote of the House of Representatives and the Senate.”

As long as Congress periodically “reauthorizes” the agencies – they remain.

Levin’s amendment thus changes the constitutional standard for whether an executive agency lawfully exists from whether it carries out an enumerated power [as in Washington’s Cabinet] to whatever the President wants and Congress agrees to. Do you see?

Now look at Section 2 of Levin’s amendment to “limit the federal bureaucracy”. It says:

“All Executive Branch regulations exceeding an economic burden of $100 million, as determined jointly by the Government Accountability Office and the Congressional Budget Office, shall be submitted to a permanent Joint Committee of Congress, hereafter the Congressional Delegation Oversight Committee, for review and approval prior to their implementation.”

Article I, §1, of our Constitution says only Congress may make laws. 3 But since Woodrow Wilson, executive agencies in the federal government have been churning out regulations which govern all aspects of our lives. These comprise the now gigantic Code of Federal Regulations.

All these regulations are unconstitutional as in violation of Art. I, §1! 4

Well then, one would expect that a person who wanted to “limit the federal bureaucracy” would demand the repeal of existing regulations and an end to all future rulemaking, right?

Not Levin! Section 2 of his amendment legalizes all existing regulations and the rule making process. Levin’s “fix” is merely to form a congressional committee to review certain regulations before they are imposed on the American People.

And so, federal executive agencies will continue to churn out millions of pages of regulations – but now, they will be constitutional because Levin’s amendment makes it all lawful.

Do you see? Levin’s amendment legalizes the status quo and does the opposite of what he claims.

Levin’s amendment “to limit federal spending” (p 73 -74)

Our Constitution limits federal spending to the enumerated powers. If you go through the Constitution and highlight the powers delegated to Congress or the President, you will have a complete list of the objects on which Congress may lawfully spend money. That is how our Framers controlled federal spending. It is the enumerated powers which limit spending – not the amount of revenue the federal government generates or the size of the GDP. Do you see?

The reason we have a crushing debt is because for 100 years, the federal government has ignored the limits – already set forth in the Constitution – on its spending.

Well then, a person who wanted to “limit federal spending” would demand that Congress begin to downsize the federal government and restrict spending to the enumerated powers, right?

But Levin doesn’t do this. Section 1 of his amendment legalizes all the spending which is now unconstitutional as outside the enumerated powers. It says:

“Congress shall adopt a preliminary fiscal year budget no later than the first Monday in May for the following fiscal year, and submit said budget to the President for consideration.”

Levin’s amendment thus legalizes the unconstitutional status quo where the President and Congress adopt a “budget” and spend money on whatever they put in the budget! Levin would permit Congress and the President to lawfully spend money on whatever they want – spending which is now unlawful because our Constitution doesn’t authorize it.

Furthermore, Levin’s amendment does nothing to control federal spending. While Sections 3 & 4 of his amendment pretend to limit spending to revenues or to a percentage of the GDP; Sections 6 & 7 permit Congress to suspend the spending limit and continue to raise the national debt. 5

Levin’s amendment “to limit federal taxing” (p 75)

Our Constitution doesn’t permit the federal government to levy taxes so that Congress and the President will have the funds to spend on whatever they want.

Congress may lawfully levy taxes only to raise the funds to carry out the enumerated powers. Article I, §8, clauses 1 & 2 say:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defense and general Welfare of the United States …” [and] “To borrow Money on the credit of the United States;”

Immediately after clauses 1 & 2 follows the list of enumerated powers we delegated to Congress for the Country at Large. 6

Add to this short list of enumerated powers, the “housekeeping powers” itemized elsewhere in the Constitution (e.g., the census); the salaries authorized by Art. I, §6, cl. 1; Art. II, §1, next to last clause; Art. III, §1, cl. 1, and others on the civil list; and you see the purposes for which Congress is authorized to levy and collect taxes, borrow money, and spend money, for the Country at Large. 7

So! Congress should not be levying taxes except to generate revenue for its constitutional functions. If Congress restricted its spending to those few powers delegated in the Constitution, the federal government would need very little money from us.

One would expect that a person who wants to “limit federal taxation” would demand that the federal government stop taxing to raise money to spend on unconstitutional purposes, right?

Not Levin! While his amendment limits the federal income tax to 15% of income – it institutionalizes the present practice where Congress lays & collects taxes for any purposes whatsoever. 8

Levin’s amendment “to protect private property” (p 137)

The federal government has no lawful authority to own land for any purpose other than those enumerated in the Constitution. Article I, §8, next to last clause, permits the federal government to have exclusive Legislative Jurisdiction over the District of Columbia [which was not to exceed “ten Miles square”], and Places purchased with the Consent of the State legislatures for the erection of forts, dock-Yards, and other needful buildings (e.g., federal courthouses, post offices) to carry out the enumerated powers.  So the federal government may lawfully own buildings and lands which are purchased to carry out its enumerated powers.

The federal government has no lawful authority to own national parks, grazing areas, forests, and such, because those are not enumerated powers. 9

And the federal government has no lawful authority to restrict peoples’ use of their own land. Nowhere in our Constitution did we delegate that power to the federal government! Accordingly, all federal laws and regulations (EPA, etc.) which pretend to restrict an owner’s use of his land are unconstitutional as outside the scope of powers delegated.

Furthermore, the States’ and local governments’ powers of eminent domain and other “takings” of private land are addressed in their own State Constitutions and laws. This is NOT a federal issue!

But Levin’s amendment “to protect private property” changes all of the above. It says:

“When any governmental entity acts not to secure a private property right against actions that injure property owners, but to take property for a public use from a property owner by actual seizure or through regulation, which taking results in a market value reduction of the property, interference with the use of the property, or a financial loss to the property owner exceeding $10,000, the government shall compensate fully said property owner for such losses.”

Levin’s amendment:

Changes the constitutional standard for federal ownership of lands from carrying out an enumerated power to whatever someone in the federal government deems a “public use” [which can be anything];

Legalizes what are now unconstitutional holdings of lands by the federal government – such as grazing lands;

Legalizes “takings” by regulation – restrictions via regulations on the use of private lands – by all levels of government;

Takes from the States and The People their retained powers over eminent domain and regulatory takings, and makes it a federal issue under the control of the federal government; 10 and

Provides that as long as a taking does not reduce the value of the property by more than $10,000, the governments don’t have to pay the property owner one red cent. So! If your local or State or federal government takes some of your land, or restrict its use by regulation, Levin’s amendment requires compensation to be paid if the “taking” exceeds $10,000. If the government decides that your loss is less than $10,000, you eat the loss. The amendment legalizes government theft of private property.

Levin’s amendment “to protect the vote” (p 183-184)

Before our Constitution was ratified, the States qualified & registered voters. Qualifications were set forth in their State Constitutions, and requirements differed from State to State.  This power was expressly retained by the States with Art. I, §2, cl. 1, U.S. Constitution. 11

The four voting amendments reduced this retained power of the States, and delegated to the federal government power to stop States from denying suffrage to citizens on account of race (15th Amendment), sex (19th Amendment), failure to pay a tax (24th Amendment), or age for citizens eighteen years of age or older (26th Amendment).

Except as restricted by these four amendments, the States retain their pre-existing power to set qualifications for registering citizens to vote, as long as they do not deny it on account of race, sex, failure to pay a tax, or age for those 18 years or more. States remain free to deny registration on other grounds – such as conviction of a felony or illiteracy. And of course, States retained power to restrict voting to citizens!

But the retained powers of the States to set voter qualifications for registration were diminished far beyond the scope of the amendments, due to usurpations by the federal government, and because the States forgot that they retained at Art. I, §2, cl. 1 most of their original power to qualify & register voters.

In Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & Exposing The “Elections Clause” Argument, I show how the federal government infringed upon the States’ retained powers over voter qualifications & registration; and how the two judges in that case wrongly ruled that Arizona could not require applicants for registration to provide proof of citizenship!

So! What should we do about non-citizens voting? Here is a novel idea: The States should man up and reclaim their powers retained by Art. I, §2, cl. 1; tell Eric Holder to take a hike; require all currently registered voters to provide proof of citizenship; and refuse to register new voters unless they provide proof of citizenship. Enforce the Constitution we have!

   But Section 1 of Levin’s amendment “to protect the vote” says:

“Citizens in every state, territory, and the District of Columbia shall produce valid photographic identification documents demonstrating evidence of their citizenship, issued by the state government for the state in which the voter resides, as a requirement for registering to vote and voting in any primary or general election for President, Vice President, and members of Congress.”

Levin’s amendment (it has 5 Sections) rewards the federal government for unlawfully forbidding States from requiring applicants to prove they are citizens, by transferring more power over voter qualifications & registration to the federal government. 10

But Levin’s amendment does even more harm than vesting in the federal government a power it already usurped – it ushers in a national ID card. Who thinks the feds won’t dictate the contents of the card and keep copies? [Do you really think a national ID card is a great idea?]

To add insult to injury, Levin’s amendment doesn’t even prohibit non-citizens from voting – it merely requires citizens to get an ID card before they can register to vote. Non-citizens are not required to get ID cards. The supreme Court (which will now lawfully have judicial power over this issue) will decide whether aliens can vote.

Levin’s amendment “to promote free enterprise” (p 117)

In Federalist No. 22 (4th para) and Federalist No. 42 (11th &12th paras), Hamilton & Madison explain the original intent of the “interstate commerce” clause:  It is to prohibit States from imposing tolls & tariffs on articles of merchandize as they are transported through the States for purposes of buying and selling. Until the mid-1930’s, this was widely understood. Here is a full proof of the original intent of that clause and the story of how the supreme Court usurped power over interstate commerce.

The original intent of that clause is still the supreme Law of the Land! 12 So the States must man up and enforce that original intent. They must ignore – nullify – all pretended federal laws, regulations, and judicial opinions which are contrary to that original intent.

Levin’s amendment “to promote free enterprise” says:

“SECTION 1: Congress’ power to regulate Commerce is not a plenary grant of power to the federal government to regulate and control economic activity but a specific grant of power limited to preventing states from impeding commerce and trade between and among the several states.”

“SECTION 2: Congress’s power to regulate Commerce does not extend to activity within a state, whether or not it affects interstate commerce; nor does it extend to compelling an individual or entity to participate in commerce or trade.”

Section 1 broadens the powers of the federal government from prohibiting States from imposing tolls & tariffs on articles of merchandize as they are transported through the States for purposes of buying and selling, to prohibiting the States from doing anything which “impedes” commerce and trade between and among the States.

Many things can be said to “impede” commerce and trade. And who will decide what “impedes” and what doesn’t “impede”? Five judges on the supreme Court.

Section 2 mentions two instances where Congress’ power to regulate Commerce does not extend. This is dangerous because of the legal maxim, Expressio Unius Est Exclusio Alterius (the expression of one thing is the exclusion of the other).

Accordingly, Congress’ power to regulate commerce would extend to other instances. Which ones? We don’t know – the supreme Court will decide – on a case by case basis.

Conclusion

Levin’s amendments legalize – make constitutional – the very abuses they purport to correct, nullify the natural rights of the people, and fundamentally change the constitutional design.

Even though our Constitution is not being enforced, it still declares this federal government lawless! The true rule of law is still on our side, 13 but not for much longer if we foolishly allow our Constitution to be re-written.

P.S. added Nov. 10, 2015: Here, from Levin’s own website, is a list of “conservatives” who support Mark Levin’s proposed amendments.  I suggest Americans STOP letting other people tell us who is a “conservative”.  STOP blindly accepting other peoples’ words as Truth.  Most of the time, most people don’t know what they are talking about – they are merely repeating what they have heard.  But YOU can stop this in yourself, and you can help stop other people from doing it. Here is the link: http://www.marklevinshow.com/2014/03/17/the-liberty-amendments-in-paperback/

Endnotes:

1 Telling the Truth about a person’s proposals isn’t “demonizing” him. People angrily reject valid criticism of Levin’s proposals because they have made an idol of him. If their loyalty were to Truth – instead of to their idol – they would want to be set straight.

2 Article II, §2, and:

Secretary of State: Art. I, §8, cl. 3

Secretary of Treasury: Art. I, §2, cl. 3; Art. I, §8, cl. 1; Art. I, §9, cl. 4-7; Art. VI, cl. 1

Secretary of War: Art. I, §8, clauses 11-14

Attorney General: Art. I, §8, cl. 6, 10 & 17; Art. III, §§2 & 3; Art. IV, §2, cl.2

3 Article I, §1, says: “All legislative Powers herein granted shall be vested in a Congress of the United States…” [emphasis mine]

4 They are also unconstitutional as outside the scope of powers delegated to the federal government.

5 I explain the problems with “balanced budget” amendments here.

6 These are the enumerated powers over the Country at Large listed at Art. I, §8:

    • Clause 3: regulate “commerce” [For the Truth about the “commerce clause”, go here];

    • Clause 4: uniform laws on naturalization and bankruptcies;

    • Clause 5: coin money & regulate its value, and fix standard of weights & measures;

    • Clause 6: punish counterfeiting;

    • Clause 7: establish post offices & post roads;

    • Clause 8: issue patents & copyrights;

    • Clause 9: set up federal courts inferior to the supreme court;

    • Clause 10: punish piracies & felonies on the high seas and offenses against the Law of Nations;

    • Clauses 11-14: war, letters of marque & reprisal, Army & Navy, and rules for the military

    • Clause 15-16: the Militia.

 

7 The anti-federalists objected to Art. I, §8, cl. 1 & 2. They claimed:

“…the power ‘to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,’ amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare.”

James Madison answered in Federalist No. 41 (last 4 paras) that clauses 1 & 2 permit Congress to levy taxes & borrow money only to carry out the enumerated powers! Madison said:

“Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it… But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon?Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning … is an absurdity…” [boldface mine]

So! Article I, §8, cl.1 is merely a “general expression”, the meaning of which is “ascertain[ed] and limit[ed]” by the clauses which “immediately follow” it. In other words, clauses 1 & 2 grant to Congress the power to raise money; and clauses 3-16 enumerate the objects on which Congress may appropriate the money so raised, thus limiting clauses 1 & 2. Do you see?

8 Levin’s amendment also corrects – on behalf of the feds – the following: When the 16th Amendment was ratified, “income” apparently didn’t include “wages”. Accordingly, it would be unconstitutional to force people to pay “income” taxes on “wages” – and such would thus be a proper object of nullification by States. But Levin’s amendment legalizes the status quo and rips this remedy from the States.

9 When our Constitution was ratified, the new federal government acquired (from its predecessor) the Western Territory (Federalist No. 7, 2nd & 3rd paras, and Federalist No. 43 at 5.) over which the new federal government was delegated, by Art. IV, §3, general legislative powers. As the Territory was broken up into new States, the general legislative powers would expire and sovereignty [except as to the few powers delegated exclusively to the new federal government] would be transferred to the new State.

10 Amendments to the Constitution generally increase the powers of the federal government: They usher in implementing federal statutes & executive agency regulations, and judicial power over the issue is transferred to the federal courts. Art. III, §2, cl.1, says, “The judicial Power shall extend to all Cases … arising under this Constitution …” Do you really not see?

11 Article I, §2, cl. 1, says:

“The House of Representatives shall be composed of members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. [boldface mine]

So! Whoever votes in elections for their State House, is eligible to vote for members of the federal House of Representatives. See also Federalist No. 57 (5th para) & Federalist No. 52 (2nd para).

12 Article VI, cl. 2, the “supremacy clause”, states that only our Constitution, federal laws made “in Pursuance” of the Constitution, and Treaties made “under the Authority of the United States”, shall be the supreme Law of the Land. Supreme Court opinions are NEVER part of the supreme Law of the Land! But we have wrongly made them the only Law of our Land.

13 What is “the Rule of Law”? What is the Rule of Man?

Our Constitution is based on God’s model for civil government as set forth in the Bible. The foundational Principle of God’s model is that the civil authorities are under the law. God is The Lawmaker – the kings are to apply God’s Law:

    • Deut. 17:18-20: The king is to write out a copy of God’s Law. He is to have it by him and read from it all his life so that he may keep, observe, and apply it.

    • 1 Kings 2:1-4: King David on his deathbed tells Solomon he must conform to God’s ways, and observe his statutes, commandments and judgments, as written in the Law of Moses.

The parallel in our Constitution is that the Constitution is the Supreme Law which the civil authorities are to obey. Noah Webster’s 1828 American Dictionary defines “constitution”:

“…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.”

So our Constitution is the Standard by which the validity of all Acts of Congress, all acts of the Executive Branch, all judicial opinions, and all Treaties is measured and judged (Art. VI, cl. 2).

So law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution.

Tyrants, on the other hand, claim that they are the source of law. The Roman Caesars, Stalin, Hitler, the dictator of N. Korea and Obama all claim that their will is “law”. Consider Obama’s usurpatious executive orders and rules made by his executive agencies. This is the “Rule of Man” – when the civil authorities deny they are subject to a higher law (be it God’s Law or the Constitution), and hold that their will is “law”. Do you see? PH

revised Jan 10, 2016.

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April 25, 2014 Posted by | Amendments to the Constitution, Liberty Amendments, Mark Levin, The Liberty Amendments, Voter eligibility, Voter Qualifications | , , , | 26 Comments

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

By Publius Huldah

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Alexander Hamilton wrote of:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

Endnotes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Revised June 23, 2014

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

Propaganda And The Conspiracy against Our Constitution

By Publius Huldah

The “Convention of States” (COS) Frequently Asked Questions (FAQs) page contains 989 words – none of them true – except for these which appear in the first paragraph:

“The federal government is spending this country into the ground … It’s time American citizens took a stand and made a legitimate effort to curb the power … of the federal government.”

In my last paper, I showed how our Constitution itemizes what Congress is authorized to spend money on; and that we have a $17 trillion debt because everyone ignores the limits the Constitution places on Congress’ spending powers.

To curb the federal government, We must do things we have neglected for over 100 years: Reclaim our role as “the natural guardians of the Constitution”; 1 learn our Founding Principles & Documents; enforce them with nullification and by rejecting candidates who don’t know them by heart; stop relying on politicians to handle things; 2 reclaim personal responsibility; and get ready for a rocky road ahead.

But the “convention of states” conspirators 3 say the only solution is a convention to “propose amendments” to the Constitution.  They tell lies about nullification – the one remedy our Framers actually advised when the feds usurp powers. They say our Constitution is the problem. They say it contains “loopholes and vague phraseology” which politicians exploit. They suggest the States are victims of federal tyranny; are the ones to “fix” our Constitution; and that the States call and control the convention.  They say it is impossible for the convention to force a new Constitution down our throats.  But I submit that is precisely what they intend to do.

Jordan Sillars, Communications Director for 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].

Contrary to what the conspirators say, there is no way to stop the convention from “running away”: All the delegates need do is come up with a new Constitution. It can provide for any method of ratification they want.

That is what happened in 1787 when the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. 4 The delegates ignored their instructions and wrote an entirely new Constitution with its own new method of ratification.

The Conspirators’ Campaign of Propaganda against The People

The conspirators’ claims spit in the Face of Facts and Reality.  So how have they been able to convince people to believe their claims; and go along with their destructive scheme?

They are exploiting the ignorance and desperation of The People by manipulating them with propaganda. Their FAQ’s employ nine well known techniques of propaganda: 5

  • Assume the Major Premise
  • Appeal to Desperation
  • Claim there is a Panacea
  • Repetition for Emphasis
  • The Big Lie
  • Fabricated Legal Principles & Precedent  [“Imaginary Evidence”]
  • Oversimplify
  • Exploit Wishful Thinking
  • The Self-sell.

Assume the Major Premises

Throughout the FAQs, it is assumed that:

  1. The purpose of amendments is to control the federal government;
  2. Our Constitution is defective;
  3. That there is such a thing as a “convention of states” which States call and control;
  4. States will protect us from the federal government; and
  5. The federal government will obey amendments to the Constitution.

These are the five major assumptions upon which their scam is constructed. They don’t prove them – they know many will blindly accept them. Only thoughtful people examine assumptions.

But you can become a “thoughtful person” if you will start examining what you are told.

Their first major premise: The Truth is two (2) delegates at the Federal Convention of 1787 (Mason & Randolph) wanted States to be able to amend the Constitution without involvement of Congress. The conspirators’ crazy and dishonest claim that the purpose of amendments is to control the federal government is based on Mason’s & Randolph’s comments you can find here.  Theirs was the minority view; Art. V provides for Congress’ involvement in both methods of amendment; and Mason & Randolph objected so much to our Constitution they refused to sign it.

Our Framers at the Federal Convention of 1787 understood that the purpose of amendments is to remedy defects in the Constitution [slavery]; and that the novelty and difficulty of what they were doing would require periodic revision [the 11th, 12th, & 27th amendments].  Hamilton said in Federalist No. 85 (13th para) that useful amendments would address the “organization of the government, not … the mass of its powers”.  Madison said in Federalist No. 43 (at 8.) that “useful alterations will be suggested by experience.”

People are deceived by the conspirators’ first premise because they don’t understand that our Constitution created a federal government of strictly limited and defined – enumerated – powers. Everything the feds have authority to do is itemized in our Constitution.  Does our Constitution delegate to the feds power to ban incandescent light bulbs, determine portion sizes of school lunches, and force us into obamacare?  No! So what do you do when the feds usurp powers over such objects?  Amend the Constitution?  Really?  How would you amend the Constitution to fix such usurpations?  Make an Amendment saying the feds can’t regulate light bulbs?  And so on for every power they usurp?

It is crazy to say the purpose of amendments is to control the federal government. When the feds usurp powers not delegated, no amendment saying they can’t do what they did will restrain them. They violated the Constitution when they usurped the power in the first place!

Furthermore, the amendments they write don’t restrict the feds:  Michael Farris’ “parental rights amendment” delegates power over children to the federal and state governments, and empowers judges to determine the extent of that power! One of Randy Barnett’s amendments gives the feds lawful power over “harmful emissions” [EPA now exercises usurped powers], and power “to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States” [read that again!]. Mark Levin’s amendments also increase the powers of the feds by legalizing powers they have usurped. His “override” amendments remove the Constitution as the standard of what is lawful and what is not, and substitute majority vote. Yet the conspirators say such amendments would curb the federal government!

But we must not be distracted by proposed amendments. Their amendments are most likely a pretext to get a “convention” so they can carry out their plot to replace our Constitution.

Their second major premise: Our Constitution is the cause of our problems.

Except for some of the existing Amendments Americans already got manipulated into supporting, what is wrong with our Constitution?  For the most part, it is easy to understand. For phrases federal judges have perverted – such as the “interstate commerce”, “general welfare”, & “necessary and proper” clauses, a quick look into The Federalist Papers usually reveals the original intent.  I illustrate that here.

This one page chart illustrates the structure of our federal system and the enumerated powers delegated to the federal government. What needs “fixing”?  We are in our present mess because for 100 years, we elected & re-elected politicians to federal and state office who ignore it.

All our Constitution wants is (1) to be learned & obeyed; and (2) to have repealed some of the existing Amendments. Repeal those the same way we repealed the 18th Amendment. We don’t need a “convention” for that. Instead of sending ignorant phonies to Congress; send people who know the Constitution [make them pass tests before you support them] and commit to repealing the 17th Amendment and other ill-considered Amendments.

Their third major premise: That there is such a thing as a “convention of states”: The FAQs say “Article V, Section 2 of the Constitution” gives state legislatures the power to call a convention; that Federalist No. 85 says Congress has “no control over the delegates”; that “Virginia called the Philadelphia Convention of 1787”; and that “Basic common sense” and “Agency law 101” says “Each state chooses its own delegates”.

Those claims are truly bizarre.

Read Art. V:  There is no “Section 2”.  Article V says Congress calls the convention – not state legislatures.  All state legislatures can do is apply to Congress for Congress to call it.

Federalist No. 85 says Congress must call a convention when two-thirds of the States apply for it. Hamilton does not say Congress has “no control over the delegates”! 6

Virginia did not “call” the Philadelphia Convention of 1787!  The Continental Congress did.  Their Resolution calling the 1787 convention, pursuant to Art. 13 of The Articles of Confederation, is quoted at endnote 4.  And when the Continental Congress called the 1787 convention, they specifically provided that delegates would be appointed by the States. 4

But Art. I, Sec. 8, last clause, of our Constitution delegates to Congress power to make all laws necessary and proper to carry out the powers vested in it by Art. V.  So Congress has the power to organize the convention, appoint the chairman and delegates, etc.  The Mason & Randolph view was rejected. And the clear words of our Constitution cannot be changed by some ignorant person’s subjective conceptions of “common sense” and “Agency law 101”!

Their fourth major premise: That States are victims of federal tyranny and will rein in the federal government given the opportunity at a convention.

But look at what States have done. They have acquiesced in federal usurpations in exchange for federal funds. The States adopted unconstitutional federal education schemes such as “race to the top” and common core for the federal grant money.

DHS is becoming America’s equivalent of the East German STASI and Soviet KGB. With the connivance of State governments, DHS is taking over local & State law enforcement. And read about the fusion centers in every State – the States acquiesced!

John Barnes shows that State governments no longer focus on managing “a relatively self-contained polis”, but on “siphoning as much money as possible from the federal government”; and that “state government is becoming a mere pass-through for federal funds and an apparatus of federal policy.”  Barnes shows us how State governments all over the Country are bloated with bureaucrats whose job is to “maximize federal funding”.

Google “maximize federal funding” – you will see.  No rational person can believe that the politicians in the States – who are the ones who sold us to the feds in the first place – are the ones to rescue us from the feds.  If the States wanted to, they could rein in the feds right now by using the remedy our Framers really did advise: Nullification.

Their fifth major premise: That the federal government will obey amendments.

But think! The feds continually violate the Constitution we have.  They exercise thousands of usurped powers.

The conspirators insist the feds would obey future amendments because the feds haven’t violated recent amendments, such as women’s suffrage.  Well, of course not!  Of the 15 amendments ratified since the 12th in 1804; 10 increased the powers of the feds (13th, 14th, 15th, 16th, 17th, 18th, 19th, 23rd, 24th, 26th); 7 and 4 were “housekeeping” amendments (20th, 22nd, 25th, 27th).

Do you see?

Appeal to Desperation

The gist of this propaganda technique is to argue that we must do something – we can’t do nothing – so let’s do what I propose.  And we better do it “before it is too late”.

Many Americans are in a panic over the rapidity with which Obama – with the connivance of the Republican and Democrat parties and the State governments – is setting up a national totalitarian police state.

But we mustn’t allow the conspirators to exploit our desperation so as to induce us into surrendering our Constitution. All Americans who have fallen for the conspirators’ scam have been manipulated by THIS technique.

We have effective options.  We have failed to gain the knowledge which would enable us to be the Sovereigns we are supposed to be.  We have contented ourselves with blind faith in talk show hosts, politicians, and other charlatans. We are what needs fixing.

Claim there is a Panacea

With this, you claim that what you are offering is a magical cure for all the problems.

The conspirators say all we have to do to fix our problems is have a “convention of states”. They say they will propose amendments to the Constitution, and the federal government will be “fixed”.  They ignore the facts that everyone has ignored the Constitution we have; that it was the States who sold us out in the first place; and that We The People kept reelecting ignorant & glib politicians who violate the Constitution to state & federal office.

There is no such thing as a panacea. We have a long road ahead of us to fix the problems We caused by our own folly, ignorance, and laziness.

Repetition for Emphasis

With this, you drive home a few simple and unproven points by repeating them over and over until the public believes them.

The five major premises listed above are repeated over & over & over & over & over.  People believe them because they have been programed to believe them.   

Orange quotes Adolf Hitler:

“It [propaganda] must repeat those points over and over again until the public believes it. The principles behind propaganda are the same principles of mind control, hypnotic suggestion, and mental programming: distraction and repetition. With propaganda, distraction draws attention away from information that is true and directs attention to information that is false. Repetition of the false information imbeds it in your subconscious mind so that your acceptance of its truth becomes a conditioned response. You accept this information as true without thinking whenever it is presented to you again.”

This is why most of mankind has lived under tyranny.  People will believe anything if they hear it enough.  Folks!  You better start facing Reality and taking charge of what you believe.

The Big Lie

The gist of this is to:

 “…keep repeating the same lie[s] over and over, in spite of all arguments and evidence to the contrary, until people believe it.  Massive repetition is essential.”

It has already been proved by this and other writers that everything the conspirators say about nullification and a “convention” is false. But they keep repeating it.  Why?  Because massive repetition of lies will induce people to believe them.

Fabricated Legal Principles & Precedent [“Imaginary Evidence”]

The FAQs make various assertions about how this “convention of states” would operate, such as:

  • “The applications must request a convention of states for the same subject matter” or “same issue”;
  • “States are free to develop their own selection process for choosing their delegates…  each state has one vote at the convention.”

The FAQs say this reflects “widely accepted” “procedures and rules” Rob Natelson found during his “extensive research”, which were followed in the “interstate conventions” which “were common” during “the Founding Era”.

Folks! If these customs existed and established binding precedent on the Congress we created when we ratified our Constitution, why did James Madison not know about them?  During the Federal Convention of 1787, Madison said, respecting Article V:

September 10, 1787: Mr. Madison remarked on the vagueness of the terms, “call a Convention for the purpose”, as sufficient reason for reconsidering the article.  “How was a Convention to be formed? – by what rule decide? – what the force of its acts?”

September 15, 1787: Mr. Madison did not see why Congress would not be as much bound to propose amendments applied for by two-thirds of the States, as to call a Convention on the like application.  He saw no objection, however, against providing for a Convention for the purpose of amendments, except only that difficulties might arise as to the form, the quorum, &c., which in constitutional regulations ought to be as much as possible avoided.

Do you see?  And don’t forget: Article V says Congress calls the convention; and Art. I, Sec. 8, last clause, delegates to Congress power to make laws needed to execute the powers vested in it by Article V. This constitutional provision supersedes any “customs” to the contrary.

Oversimplify

 The gist of this technique is to:

“Reduce the issue to a few simple sentences that any blithering idiot can understand. Leave out all the complicated facts and confounding factors. Reduce the debate to just a few simple-minded sentences and slogans. Reduce complex multi-faceted issues to simplistic statements that can be expressed in a short sound bite.”

Aren’t the FAQs a few simple concepts any blithering idiot can understand?

It is this and other writers who point out the “complicated facts”.  Are we too stupid to be free?

Exploit Wishful Thinking

With this technique, you tell people what they want to hear, rather than the unpleasant truths.

The conspirators are offering an easy way out which satisfies a deep yearning: to feel good. We don’t have to accept responsibility for our own failures to become a “natural guardian of the Constitution”; we are encouraged to blame shift and see the Constitution as the cause of our problems; and we don’t have to trouble ourselves to actually learn our Founding Principles & Documents.  All we have to do is join the conspirators.  And then, everything will be wonderful.

The Self-sell

This technique gets people to convince themselves of your ideas by asking for their help in promoting your ideas. “They will sell themselves on the idea as they try to sell it to others.”

Orange gives this example of the Self-sell:  In “Cold Turkey”, Dick Van Dyke plays a preacher who wants everyone in his town to quit smoking.  He got the local Neo-Nazis to quit by enlisting them as “smoking-ban enforcers”.

The conspirators want to build a “grassroots operation” of volunteers to sell their scheme to State legislators [the ones who already sold us to the feds for federal funds.] And we have seen these volunteers’ mindless comments on the internet as they regurgitate the talking points in the FAQs – they sell themselves as they try to sell to others. 8

Conclusion

You better wise up now. Study this chart. Flesh it out with your readings of our Declaration of Independence and Constitution.  Have study groups. What Hamilton asked you to be is not difficult.

Endnotes:

1 Our Framers never saw courts as the final authority.  See James Madison Rebukes Nullification Deniers.  Hamilton expected us to be “a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority” (Federalist No. 16, next to last para).

2 Politicians are as ignorant as those who elect them. But we want a savior who will rescue us without any effort on our part. So we look to politicians to save us. They always betray us; and we are presented with still another phony who says what we want to hear, whom we support, and who betrays us. This happens because we don’t know our Constitution, and thus can’t evaluate the politicians.  If WE knew our Constitution, those smooth-talking ignoramuses wouldn’t have a chance of getting elected. You would see right through them.

3 Progressives & phony “conservatives” have worked hand in hand for many years to replace our Constitution. See Richard D. Fry, “Convention of States”: The Wrong Solution to the Wrong Problem.

4 The conspirators tell the brazen lie that the convention “cannot throw out the Constitution because it derives its authority from the Constitution.”  Rubbish!  Pursuant to Article XIII of The Articles of Confederation, the Continental Congress resolved on February 21, 1787 (p 71-74):

“Resolved that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several states be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the states render the federal constitution adequate to the exigencies of Government & the preservation of the Union.” [emphasis mine]

The delegates ignored these limitations and wrote a new Constitution with a new method of ratification.  It is impossible to stop this from happening at another convention. And George Washington, James Madison, Ben Franklin, and Alexander Hamilton won’t be there.

The conspirators also say a “Constitutional Convention” is safe because no amendment will be passed which is not ratified by ¾ of the States. This is deceptive because the concern is about a runaway convention & a new Constitution – not amendments. Since a new Constitution can have any method of ratification the delegates want, it can be forced on us.

5 See Propaganda and Debating Techniques by A. Orange. Orange is a “librul”, and on a vendetta against AA.  But he understands how scoundrels use propaganda to deceive the unthinking.  See how Adolf Hitler used these same techniques to manipulate the German People.

6 I addressed this same lie in “Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments!” under the subheading, “What Levin Claims Article V Says”.  Congress’ lack of discretion is limited to the issue of “to call or not to call” a convention once the requisite number of States has applied for it.  After Congress “calls” the convention, Art. I, Sec. 8, last clause kicks in to empower Congress to make all laws necessary to carry out the call.

7 The result of the voting amendments (15th, 19th, 24th, 26th)was to transfer the power of determining voter qualifications from the States (Art. I, Sec. 2, cl.1) to the federal government.

It was necessary to amend the Constitution to remedy the defects which permitted slavery; but the 13th, 14th, and 15th Amendments delegated powers over the States to the federal government.  It would have been better to merely repeal the provisions at Art. I, Sec. 2, cl.3 which provided for a partial counting of slaves; and Art. IV, Sec. 2, cl. 3 which permitted Congress to make laws against fugitive slaves.  And if the States had been wise instead of foolish, they would have banned slavery and extended citizenship & civil rights to freed slaves on their own, and provided the education to help them make the transition from slave to citizen.  Stupidity and wickedness are not cheap, Folks.  And Amendments are a very tricky business.

8 There is nothing wrong with asking others to help promote ideas – when the ideas are True and Good.  But when the ideas are destructive and false, the self-sell is immoral manipulation. PH

January 28, 2014

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January 28, 2014 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, Federal Convention of 1787, Jordan Sillars, Michael Farris, Necessary and Proper clause, re-writing the Constitution | , , , , , , , , , , , , , , , , | 29 Comments

   

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