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To: LibertyBorn

> “If such “high information voters” support an Article V convention, then why are they using a hammer to fix a Rolex than isn’t broken?”

Bad analogy; it’s not a Rolex and it’s not a hammer. It’s the Constitution and it’s the States. And the Constitution is not ‘broken’, it’s imbalanced. The 17th Amendment is the cause of the imbalance. It took 100 years for people to wake up to just how badly unbalanced things have become. Now is the time to correct that imbalance and Congress will never do it themselves because they profit from the imbalance. The Founders left the States Article V when Congress was too vested in the status quo.

Here is an illustration of the power that States can use through Article V.

************************************************
AMENDMENT XXVIII

To redress the balance of powers between the federal government and the States and to restore effective suffrage of State Legislatures to Congress, the following amendment is proposed:

************************************************
Section 1.
A Senator in Congress shall be subject to recall by their respective state legislature or by voter referendum in their respective state.

Section 2.
Term limits for Senators in Congress shall be set by vote in their respective state legislatures but in no case shall be set less than twelve years nor more than eighteen years.

Section 3.
Upon a majority vote in three-fifths of state legislatures, specific federal statutes, federal court decisions and executive directives of any form shall be repealed and made void.
************************************************

> “An Article V convention is only legitimately the tool for when the Constitution is inadequate to the conditions.”

The Constitution grants Article V authority to Congress to propose amendments. In this case Congress has no compulsion to amend to correct the imbalance caused by the 17th Amendment. But the States have cause.

> “However that’s not the problem we face. The problem is the government is deliberately in disregard to the Constitution, but that’s not even really the problem either. It’s far more than that.”

The federal government won’t be able to “disregard” the illustrated example Amendment 28 above.

> “The real problem is that those directing our government are no longer our elected representatives. Let that soak in a bit.”

It doesn’t need to “soak in”. I have been writing about that for years. The recourse is not elections; let that “soak in”. The recourse is the rely on the 7,398 representatives and senators that make up state governments. These representatives and senators make up 99 state legislative bodies and conservatives control 66 of those 99. And when these representatives and senators are called, it’s often a visit or an invitation to come over for dinner. That’s how close they are to the people.

> “Anyone still talking about “voters” and elections has missed implication of what is going on around us each and every day.”

“Then realize that nearly 100% of those Conservative high information voters have no recognition of how the government is supposed to be functioning, and even if thei did, their amendments do NOTHING at all to cause the government to function properly — Not a one of the proposed amendments.”

Not true at all. Amendment 28 above functions because it does not need the federal government or anything to enforce. That amendment can be proposed, ratified and enforced by States alone. Congress has merely an administrative secretarial role and nothing more. If Congress tries to impede or stop the States from amending the US Constitution as above, they will fail and turn the people against them even more.

> “If 66 of those 99 legislatures(is this like Obama’s 57 States?) are controlled by high information conservatives, then certainly only one of those 66 legislatures would find sufficient backbone and direction to nullify ObamaCare and prohibit federal incursion into the State, but none have done so.”

It’s not 99 ‘legislatures’, it’s 99 legislative bodies comprising state representatives and state senators. Nebraska is different in that it is bicameral having only one legislative body. Therefore, it is not 100 state legislative bodies, it is 99.

Nullification is a ‘theory’ with no clear and direct constitutional authority. Article V is clear and direct in the original Constitution. The Constitution’s Supremacy Clause would strike any credible attempt by States to nullify anything, hence the States will not even try. But Article V is clear authority and was made so by the Founders especially George Mason of Virginia for the precise purpose to serve as a check on an out of control federal government which is what we have today.

> “What an Article V Convention does do is corrupt the Constitution, and serve to validate the corruption that will be ongoing and unamended, virtually all the causes unchanged. Those brilliant Conservatives that are supposedly going to be leading the Convention, and leading the States,have not even acted to fixed the States themselves, nor acted to nullify Obamacare!

You couldn’t be more wrong on all these shallow assertions. For example, 36 States have failed to set up Obamacare exchanges in defiance of Obama’s master plan to ram his agenda of socialism down the throats of Americans.

> “There is no sort of “power” at all to Article V; it’s just a tool being abused for the wrong purpose, to the detriment of the Constitution. There is no power to the entirety of the Constitution. Where the power resides is with an enlightened and aware people, who then demand their liberty by forcing a government back into its box of enumerated powers.”

Well, if there’s no power to Article V, why are you even here flailing on and on about it?

> “This focus on Article V only shows the people are neither enlightened, nor aware, nor serious about reclaiming their liberty before it is too late.”

Is that why the Article V movement is growing at breakneck speed since Mark Levin’s speech before ALEC last December 2014?

https://www.youtube.com/watch?v=tdZuV8JnvvA


267 posted on 05/16/2015 10:24:50 AM PDT by Hostage (ARTICLE V)
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To: Hostage
Hostage wrote:
> “If such “high information voters” support an Article V convention, then why are they using a hammer to fix a Rolex than isn’t broken?”

Bad analogy; it’s not a Rolex and it’s not a hammer. It’s the Constitution and it’s the States. And the Constitution is not ‘broken’, it’s imbalanced. The 17th Amendment is the cause of the imbalance. It took 100 years for people to wake up to just how badly unbalanced things have become. Now is the time to correct that imbalance and Congress will never do it themselves because they profit from the imbalance. The Founders left the States Article V when Congress was too vested in the status quo.

The Constitution is a Rolex, based on fine balances between the various branches of government, the people, and the States. Article V is a hammer to mold new additions to the Constitution, or to make an entirely new Constitution. The Constitution itself is operating fine, it is just being used and abused by terms that were never intended and not supported by that "Rolex's" terms of operation.

People are the cause of the imbalance, not the 17th Amendment. The direct populous election enabled the Senate to be one of the more unchecked criminal branches of the federal government, but it is not as if the other branches of government, as well as the federal agencies, are themselves deliberately acting in a criminal fashion. There are also interests governing, directing and controlling our government now that are no way provided for by the Constitution. None of these corruptions are affected by the repeal of the 17th Amendment, or any one of the other proposed amendments. And it's not as if the repeal of the 17th Amendment is even high on the list the reasons States are calling for a convention. In fact the repeal of the 17th is nowhere on the list.

The founders specifically indicated that an Article V convention is nowhere in the running as a valid response to a deliberately illegitimate government, and use of an Article V presume that "status quo" to be legitimate, and only conditions to exist that are not already covered by the Constitution. In fact the current conditions are covered by the Constitution, and define all 3 branches of government to be operating in illegitimate fashions, entirely outside of their only prescribed conditions of legitimacy.

Hostage indicated:

> “An Article V convention is only legitimately the tool for when the Constitution is inadequate to the conditions.”

The Constitution grants Article V authority to Congress to propose amendments. In this case Congress has no compulsion to amend to correct the imbalance caused by the 17th Amendment. But the States have cause.


Congress has no impulse correct the deliberate corruption (not merely and unintentional "imbalance"), and all of our current problems are not caused by the 17th Amendment, with that amendment perhaps only enabling a few of them.

Hostage indicated:
> “However that’s not the problem we face. The problem is the government is deliberately in disregard to the Constitution, but that’s not even really the problem either. It’s far more than that.”

The federal government won’t be able to “disregard” the illustrated example Amendment 28 above.

Your proposed Amendment 28 to repeal the 17th Amendment and put limits on Congress, might become a hindrance, if passed, but it is unlikely to pass given the heavy progressive involvement in amending the Constitution, and the lack of interest from the allegedly alert Conservative interests in pushing for the 17th's repeal.

Hostage indicated:

> “The real problem is that those directing our government are no longer our elected representatives. Let that soak in a bit.”

It doesn’t need to “soak in”. I have been writing about that for years. The recourse is not elections; let that “soak in”. The recourse is the rely on the 7,398 representatives and senators that make up state governments. These representatives and senators make up 99 state legislative bodies and conservatives control 66 of those 99. And when these representatives and senators are called, it’s often a visit or an invitation to come over for dinner. That’s how close they are to the people.

The real bad news is that those representatives and senators that make up the state governments are no more immune from the corruption than are those existing representatives in the federal government, with the root of the corruption being the people themselves. Contrary to the fairy tale being promoted, the States are not some bastions of ethic,principle and enlightenment, but rather only habited by longstanding addicts to federal corruption and handout.

Elections are not the answer, whether to represent us in government, or to represent us in an a convention. The only possible answer is direct action against the federal government involving non-negotiation. The terms of our liberty shall no longer be subject to to populist decision, be it by the status quo government, or within a convention.

Hostage indicated:
Nullification is a ‘theory’ with no clear and direct constitutional authority. Article V is clear and direct in the original Constitution. The Constitution’s Supremacy Clause would strike any credible attempt by States to nullify anything, hence the States will not even try. But Article V is clear authority and was made so by the Founders especially George Mason of Virginia for the precise purpose to serve as a check on an out of control federal government which is what we have today.
Nonsense.. Nullification is quite clearly indicated by the State's own sovereign authority. Everything else within the Constitution presumes that government recognizes and operates by the terms set forth in the Constitution, inclusive of Article V. The Constitution does not offer direct indication of what to do when that Constitution's own terms are deliberately disregarded.

There are now only two valid remedies on the table 1) Nullification and 2) Secession and/or war.

Hostage indicated:

> “What an Article V Convention does do is corrupt the Constitution, and serve to validate the corruption that will be ongoing and unamended, virtually all the causes unchanged. Those brilliant Conservatives that are supposedly going to be leading the Convention, and leading the States,have not even acted to fixed the States themselves, nor acted to nullify Obamacare!

You couldn’t be more wrong on all these shallow assertions. For example, 36 States have failed to set up Obamacare exchanges in defiance of Obama’s master plan to ram his agenda of socialism down the throats of Americans.

The moment failure to act in one small arena, while still being complicit in all the federal government's other associated actions, is offered as an example of State morality, direction and authorty, even pretending it exhibits some sort of sovereignty, is the day when those making the claim should recognize that an Article V convention is entirely inadequate.

> “There is no sort of “power” at all to Article V; it’s just a tool being abused for the wrong purpose, to the detriment of the Constitution. There is no power to the entirety of the Constitution. Where the power resides is with an enlightened and aware people, who then demand their liberty by forcing a government back into its box of enumerated powers.”

Well, if there’s no power to Article V, why are you even here flailing on and on about it?

THere's no power to Article V; it is merely a method, and in that, a tool. However what is inherent to the improper use of that Article V hammer, for the wrong reasons, and at the wrong time, is the overthrow of our form of government and the discard of our unalienable individual rights being the cornerstone of that form of government.

I don't flail. I am a surgeon excising malarkey.


268 posted on 05/16/2015 9:00:09 PM PDT by LibertyBorn
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To: Hostage
Hostage wrote:
Is that why the Article V movement is growing at breakneck speed since Mark Levin’s speech before ALEC last December 2014? https://www.youtube.com/watch?v=tdZuV8JnvvA
Mark Levin's speech at ALEC last year was a disturbing display of Levin's dishonesty that should dishearten, disillusion and entirely alienate everyone who once respected Levin for his analytical skills and objective representations.
269 posted on 05/16/2015 9:03:43 PM PDT by LibertyBorn
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To: Hostage
Is that why the Article V movement is growing at breakneck speed since Mark Levin’s speech before ALEC last December 2014?

Well, it is not. The movement is stalled.

But the reason it grows is because people want easy answers to complex problems that don't require any actual effort. Who wouldn't want a simple, easy, cheap, quick answer to difficult problems?

====================================================
Congress has merely an administrative secretarial role and nothing more.

Says who? Where is that written? Can you show us where in the US Constitution it says that?

If Congress tries to impede or stop the States from amending the US Constitution as above, they will fail and turn the people against them even more.

So let's consider an example:

The State legislatures all submit applications for an Article V Convention strictly limited to the purpose of considering your Amendment 28, and specifying that the delegates shall be 2 delegates sent from each state with each State having 1 vote, and the procedures run according to Roberts rules of Order.

Congress, then, issues a call for a convention under Article V --
1) with no limitation on the subject matter or topics
2) appointing as the delegates 1,000 law professors from the nation's top law schools -- and no one else.
3) issuing a byzantine set of rules for the convention that are unfamiliar.

You say they can't do that it's illegal.

Oh, yeah? What do you do now?

WHAT can you do to stop them? What can you do to prevent this?

Answer: Nothing


271 posted on 06/20/2015 12:30:51 PM PDT by Moseley (http://www.MoseleyComments.com)
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