Thoughts on Article V and the Second Amendment

Coach is Right ^ | 8/22/15 | Rod & Sherri Dodsworth

[Oldpuppymax]

Article V of the Constitution is to the body of the nation what the Second Amendment is to our persons; both enshrine the right to self-defense.

Their enumeration in the Constitution isn’t actually necessary, for both rights are derived from nature and nature’s God, existing long before the Constitution. They are thus unalienable, meaning we could not give them away if we wanted to.

Still, it is hard to not regard both as bequests, as invaluable gifts from our Framers to every subsequent generation of Americans. Having pursued and ultimately failed at peacefully settling their differences with George III and having fought and nearly lost their rebellion against him, the Framing generation ensured Americans they would for all time have tangible recourse in the form of rights enshrined in the supreme law of the land. These rights would be ours, should menacing waves of tyranny ever again break over our shores.

Just as the Left would deny the right to self-defense in order to enslave us, otherwise well-intentioned conservatives would deny the nation an Article V State Amendments Convention because it might “runaway” and result in an oppressive constitution.

Without doubt, there isn’t an earthly power that cannot be turned from its intended purpose. A man can use his weapon for suicide as well as for self-defense. Similarly, a convention of state delegates could theoretically design a government to enslave the people...

[Publius]

[Repeal The 17th]

thank ye for the ping

[Jacquerie]

In my mind's eye is a standing Article V amendments convention that meets every year, say the week after Independence Day.

The second week of July also happens to be a few weeks after the Scotus dump of decisions in June.

Imagine the outcome had the states met in convention a few weeks after the blackrobes determined the government could forcibly integrate neighborhoods, the plain language of statutes was irrelevant (Obamacare), and fags have a God given right to marry.

We'll continue down the road to a police state unless and until we put the Uniparty elites on notice that there is a higher power . . . WE THE SOVEREIGN PEOPLE!

[Art in Idaho]

From the article: "An Article V State Amendment Convention should be our immediate goal, for if we don’t convene to stop the leviathan, our next resort-that being to the Second Amendment-will mean certain destruction of the remnants of the American Republic."

For those who think the Article V process is too risky, I ask, "What other options do you see?"

To summarize from a previous post by GraceG:

1. Elect More Republicans - Failed due to RINO/Uni-party confluence.

2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.

3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.

4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:

5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .

So, do we do nothing and just wait for # 5?

Quick review: We need 34 states to pass an application, then Congress shall, by law, call a Convention of States as soon as it receives applications from 2/3 of the State Legislatures. That's 34 states. (So far both legislative chambers of 4 States, {Alabama, Alaska, Florida and Georgia}, have completely passed their resolutions and 36 state legislative chambers or bodies have filed or passed resolutions.) Amendments are proposed and voted on at the convention. Each Amendment must be ratified by ¾ of the states in order to become part of the US Constitution. That’s 38 states.

“There are far more political and legal constraints on a runaway convention than on a runaway Congress.” - Robert Natelson

Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.

****Please see this summary video from Alabama first: Convention of States - Alabama Way to go Alabama! A great introduction!

Rep. Bill Taylor introduces a Convention of States

Convention of States Live! with Mike Farris

The Case for an Article V Convention. Great explanation of an Article V convention to the Massachusetts State Legislature.

**** Convention of States Lots of information here.

Learn about the Convention of States The Problem, the Solution and the Strategy

Call a Convention A call for a Convention of States

Missouri state senator delivers amazing testimony (video) Reasoned speech on why we need an Article V Convention.

Article V Project to Restore Liberty Another good source.

Convention of States model Resolution

A Summary of Mark Levin’s Proposed Amendments by Jacquerie

Chapter 1 of Mark Levin’s Book, The Liberty Amendments

Mark Levin, Constitution Article V, and the Liberty Amendments

Mark Levin: “The Liberty Amendments” - Complete Sean Hannity Special + other Links

List of Mark Levin You Tube Videos

Citizens for Self-Governance: Convention of States Project Youtube hub – Lots of educational videos here

Mark Levin Article V, Liberty Amendments youtube video hub

Three hour video of C-Span interview with Mark Levin

*** Mark Levin’s ALEC Speech, Dec 4, 2014

Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.

Curing Federal Dysfunction by Constitutional Amendment: A Primer Professor Rob Natelson

Our American Constitution, Article V Rob Natelson’s Article V articles

We can fight the uniparty! States, the Natural Second Party by Jacquerie

Convention to Propose Amendments to the United States Constitution

The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process

Amendment Booklet.pdf

Friends of Article V Convention Links

The Indiana Statute that will Govern their Delegates

Congress’ Present Duty to Call a Convention:

Congress’ Present Duty to Call a Convention. (Part I)

Congress’ Present Duty to Call a convention. (Part II)

Congress’ Present Duty to Call a Convention. (Part III)

Congress’ Present Duty to Call a Convention. (Part IV)

Congress’ Present Duty to Call a Convention. (Part V)

Congress’ Failure to Call an Amendments Convention. (Part VI)

Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th! Shorter Abstract here: Ulysses at the Mast, one page Abstract

****For those of you that still have doubts about the Article V process, please review: Responses To Convention Of States Opposition My initial concerns were resolved after reading these articles. My attitude now is Go For It!

Sarah Palin: Debunking the myths of a Convention of States

A Single-Subject Convention Addresses the “runaway convention” fear.

John Birch Society Denies Its History and Betrays Its Mission The original Birchers were for an Article V Convention.

Update: Convention of States by the numbers The current State count

Convention of States Gaining Momentum

Article V Latest News

Article V Handbook - for State Legislators An important resource.

**** State Legislators Article V Caucus State Legislators, Join up at this site!

Most State Legislatures are in session now. Send this list of links to your State Representatives and Senators here: Contact your State Legislators.

Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points.

Excellent Article V Letter to a State Assemblyman by Jacquerie

"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke.

Let’s all work together to get this going!

[Repeal The 17th]

Let’s Roll.

[Art in Idaho]

We'll continue down the road to a police state unless and until we put the Uniparty elites on notice that there is a higher power . . . WE THE SOVEREIGN PEOPLE!

Article V Now!

[Art in Idaho]

Let’s Roll.

Part of me wants to Roll into Washington D.C. but will wait and see what develops with Article V and November 8, 2016. If both of those are sabotaged, we have no other choice than to pursue the purpose of the 2nd Amendment.

[Jacquerie]

From congressman Ron Paul's farewell address:

"Without an intellectual awakening, the turning point will be driven by economic law. A dollar crisis will bring the current out-of-control system to its knees."

"Our job, for those of us who believe that a different system than the one that we have had for the last 100 years, has driven us to this unsustainable crisis, is to be more convincing that there is a wonderful, uncomplicated, and moral system that provides the answers. We had a taste of it in our early history. We need not give up on the notion of advancing this cause."

I shall never abandon America's first principles or God's truths.

[Art in Idaho]

Well said Ron Paul. His farewell address worth listening to. Lots of good points. The guy had been around D.C. a long time and certainly knows the threats we face.

[LucyT]

Check out article, and # 4 , # 5.

Thanks, Art in Idaho.

[Publius]

My usual boilerplate.

***

The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

• The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.
• The Amendments Convention Method requires the legislatures of two-thirds of the states to apply to Congress to call a Convention for Proposing Amendments. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.

Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.

Disposal:

Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:

• State Legislature Method, or the
• State Ratifying Convention Method.

The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.

Ratification:

Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.

Forbidden Subjects:

Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.

Explicitly forbidden:

• No amendment may be added to the Constitution concerning slavery or capitation taxes until 1808. We’re past that deadline.
• No amendment may be added to the Constitution to change the principle of equal representation in the Senate unless every state deprived of that right approves. If California wants five senators, every state must have five senators. To permit violation of this principle, every state would have to ratify the amendment, not just three-fourths.

Implicitly forbidden:

• The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution”; therefore, the Constitution of 1787 is locked in place forever. Congress and an Amendments Convention have exactly the same Proposal power; therefore, neither Congress nor an Amendments Convention can start over. Both bodies can only propose amendments.

Reference works:

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters

[Art in Idaho]

You're welcome LucyT.

[Art in Idaho]

Thanks Publius. Educating one Freeper at a time.

[OPS4]

You know you are walking with God when the devil keeps getting in the way. Stomp, stomp, stomp away!