Who is going to stop them?
...There's No Controlling Legal Authority....AlBore
...as a nation, We're Screwed. 
“Liberalism is just Communism sold by the drink." P.J.O’Rourke
Posted on 01/14/2009 6:30:41 PM PST by BuckeyeTexan
Does Congress have the right to determine whether or not it will obey a clause of the Constitution or veto that clause if it disagrees with the clause? The founders of ArticleV.org say it does now.
Background on Walker v Members of Congress
The [federal] district court [in Seattle], in Walker v United States and again in Walker v. Members of Congress extended what is known as the Coleman doctrine, based on the lawsuit, Coleman v Miller, 307 U.S. 433 (1939) to include not only the amendatory process previously controlled by Congress as stipulated by Article V, but the convention method of amendment as well, thus giving Congress "exclusive" control of the entire amendatory process. Further, the courts (including the Supreme Court) endorsed the right of Congress to "ignore or veto the direct text of the Constitution" such that even if the Constitution stipulated that Congress was required to take an action (such as a convention call or hold an election, for example) it now possessed the power to refuse to do so under what the court termed, "the political question doctrine." Finally, by employing Coleman, the court allowed the Congress to take actions against the state legislatures such as was done during the civil war to compel the compliance in the ratification vote. The court did not state at any time that the veto of text was limited only to Article V. Indeed, as any such stipulation would be based on authority granted the court by the Constitution, and the court has allowed that such authority may be vetoed, it is logical to presume such limit could not be imposed. What we have now is a runaway Congress.
Article V Convention References
State Applications for Convention & Amendment Subjects
(Excerpt) Read more at article5.org ...
Now, we’re doomed
Let’s say for the sake of discussion that this premise is true. Would that indicate that no matter how the SCOTUS rules on the outstanding NBC lawsuits that Congress can do what it wants?
Um.....no. It can’t.
Who is going to stop them?
If we have three separate but equal branches of government at the Federal level, does this mean that the Executive and Judicial branches can do the same as the Legislative—in the name of equality?
They pretty much do what they want, and have two sets a rules; one for them and one for everyone else.
This could be bad for the Second Amendment...
“congress can veto constitutional clauses”
this is the “congress can veto constitutional clauses” clause in the constitution, along with the “separation of church and state” clause, and the “abortion clause”.
there’s also the “tax-the-rich” clause, the “global warming” clause, and the “banning of ‘assault’ weapons” clause.
it’s all there. you must look closely or ask any liberal democrat what other clauses lurk in the constitution.
IMHO
If they want to do something, they just “find” that it has a “substantial effect on interstate commerce”.
...There's No Controlling Legal Authority....AlBore
...as a nation, We're Screwed.
The good ol days of America are about to end.
People are ready to start taking matters into their own hands and physically remove these power grabbers from government. They don’t represent the people anymore.
We were already doomed, it's just that now it will be in writing.
Their opinion means no more are no less than anyone else!!! Sort of like everyone has one!!!
bump
Did the Congress simply refuse to call constitutional conventions? Or did they say something like they weren’t worded exactly alike, or that the constitutional provisions for calling a convention were too vague?
The time is coming for pitchforks and torches!
Bullsh1t. THey cannot do this.
I know exactly what they will get rid of if they think they can. In no specific order:
- the clause the president must be a natural-born citizen.
- the two-term limit for president
- the first amendment
- the second amendment
- the fourth amendment
- the fifth amendment
- the ninth and tenth amendments
I dunno. It just doesn’t pass the smell test, but a lot of things lately have an Alice-in -Wonderland smell and they seem to just get right through.
john / billybob
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