MADISON: "Now how did this loophole get in there?...oops!
Posted on 11/08/2012 9:58:12 AM PST by Para-Ord.45
So, listening to The Great One, Mark Levin last night in regards to the election. He stated his ideas haven`t quite congealed yet but would comment sometime in the future while mentioning the GOP now had 30 Governors across the nation.
Upon hearing this I could come to no other conclusion as to what he was refering to:
"Article. V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, ..."
But the process requires that the Convention's proposed amendments are later ratified by three-fourths of the state legislatures.
Was Mark Levin thinking this? If so, is he at wits end as to how rescue what`s left of the Constitutional Republic?
“A Con-Con must be called with a specific goal or bill. A Con-Con isn’t called and mustered just to “talk.” A Con-Con is called with specific documents on the table for a vote.”
Article V does NOT say that.
or, on the Application of the Legislatures of two thirds of the several States, shall CALL A CONVENTION for PROPOSING AMENDMENTS
(clearly meaning, we call/start/summon a convention, and amendments may be proposed when it convenes,,,almost precisely, to talk and argue, and negotiate. Just like the original. It is a convention precisely FOR proposing there is nothng saying it is limited to one topic, or that you even have to HAVE a topic. It just says “call a convention”),
which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof
Once a constitutional convention is begun there are no limitation except what the representatives of the conventions imagination limits. This is a suicidal idea. The U.S.Constitution is not the problem. It is our best hope, our only hope on this earthly plane, to reconstruct a civil society and a nation of laws, not men. Once Pandoras box is open Conservatives, by their nature, would be deferential while the liberal mind is militant and would codifiy it militancy. It would become the French Revolution. It is a very, very bad idea.
You can “Thank” Woodrow Wilson for the 17th.
Well ok then. If it’s a “leftist dream-come-true”, then why haven’t they done it already?
I’ll tell you why. Because they can’t. The conservative grassroots are outside their urban stongholds. And the conservative grassroots control the state legislatures.
So why haven’t the Leftists taken control of state legislatures en masse? Answer: Because there is no present power in them.
But if they are united, then the State legislatures have a lot of power.
Falling back on state legislatures seems primitive but it’s a powerful solution.
Much the same way that broadcasters abandoned radio 20 years ago and conservatives bought up the cheap abandoned radio broadcast assets.
And now conservative talk radio is a force. Leftists have tried and will try to supplant or shut down conservative talk radio but they have failed.
The same will happen when conservatives take power over the federal government by exerting change through state legislatures.
Those who oppose it forget that we have almost nothing to lose: our chances are next to none otherwise. The republic will come to an end with certainty if we just try to sit things out. Obama will appoint judges that will support his re-writing laws through fiat (his own 3rd term, total weapons ban, mandatory public service for all healthcare providers, you name it...)
He already has nearly enough with the defection of Roberts, one more and it’s over. It’s better to take risks while there is a chance.
DemonRATS do not abide by the Constitution anyway. Strike while we have the States behind us. Obama and the commies have the upper hand. The ONLY way is to amend the Constitution while Scalia and Thomas are still there.
When Obama appoints his Justices, kiss the Constitution goodye anyway. A wise Latina will be eating your lunch—and some stupid ones too.
QUOTE [Wikipedia, Barnett]
The John Birch Society has criticized the idea of calling for a constitutional convention, calling it a “dangerous temptation” and a “threat to our Constitution.”[17][18] Barnett has countered that historically, whenever the states have called for a Constitutional Convention, Congress has responded by proposing the amendments themselves. He also notes that even in the case of a constitutional convention, the proposed amendments still need to be ratified by three-quarters of the states.[14]
Repeal the income tax? You gotta be kidding. The state legislatures have their mouths wrapped around the tits of the Federal government. They’d run dry without the federal income tax, fees based on the commerce clause, etc.
Argue with Mark Levin, not me. He’s the Constitutional expert, unless you want to question his creds.
MADISON: "Now how did this loophole get in there?...oops!
Another thing that might help is setting up an amendment that makes all taxes on income implement a fixed rate, no exceptions or exemptions or credits or rebates.
Perhaps another amendment that prohibits the Federal government from collecting taxes directly from the citizen but forces federal taxes to be placed in escrow held by the states (that way states can unilaterally deny fed-gov funding).
That why you would have a convention—to hash that out. But a Fair Tax would actually generate more revenue by taxing the underground economy. Remember, this would be driven by the REPUBLICAN GOVERNORS AND LEGISLATURES!!!
“I’m far from a southerner, but at this stage, I can only say a right to secession is necessary...”
Don’t worry, Obama has always intended to force this and we will reach the point where this becomes - inevitable - whether we like it or not.
Allow me to explain... (video I uploaded yesterday)
America: Here We Stand, We Can Do No Other
http://youtu.be/5JxfH_curuE
Best regards,
Scott
YES. The FOUNDERS SPEAK. LISTEN.
It is the Great Black Hole of the Constitution.
Once you light the fuse on this bottle rocket ain’t nobody who can control its direction. We could end up with amendments guaranteeing a Right to Income, Right to Education, Right to be Free from Religion, etc.
I agree.
There are apparently some people here who think they're smarter than the Founders.
Excellent points
The problem is cultural. We will not be able to force a set of rules via a proceedural end run, on a populace that does not support us enough to give us victories in elections.
If it cannot be done in elections now, what makes you think they would see this new magic constitution we write and say “well, they got us, now we have to obey these new rules?”
It would head straight to the supreme court just like Obamacare for interpretation. There is nothing you can write, that they cannot “interpret” into meaninglessness.
There is no substitute for winning in the marketplace of ideas. This is just a legalistic version of a military coup that happens when someone wants to have power they cannot win at the ballot box. So they seize it.
A con con used as a way to overcome what we cannot win at elections, is like using roofies to get a girl in bed.
The proposed amendments still need to be ratified by three-quarters of the states.
Now, if Congress proposed the amendment, ONLY THAT amendment could be considered. But we don’t have both houses. But they still might offer one in response to the legislatures, which would still require three-fourths.
1. PROPOSE
2. Get Congress to counter (thereby limiting)
3.Get 3/4 of the leislatures for ratification.
NO. Any amendment would require three-fourths of the legislatures to ratify. There are NOT ENOUGH RAT STATES YET. Strike now wile we still have a Republic. It is inevitable that our goose s cooked otherwise.
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