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A PERMANENT ANSWER TO SUPREME COURT AND FEDERAL GOVERNMENT ABUSES (Hostage)
Free Republic Exclusive ^ | June 25, 2015 | Hostage

Posted on 06/25/2015 9:57:29 AM PDT by Hostage

THE SOLUTION

Now it is clear more than ever that the Federal Government needs to be checked BY THE PEOPLE AND THE STATES.

Neither morality nor common sense can be 'legislated' via Congress ***effectively***. It just cannot be done adequately.

We need our states to assert AS SOON AS POSSIBLE their Article V constitutional right to AMEND OUR US CONSTITUTION,

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, 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, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

To understand what must NOW be done will require us to think deep and to think of something that as Mark Levin says “is a solution as big as the problem” meaning a solution that gets its hands around the ‘whole problem’. And it has to be quick because time is of the essence.

We should first take note to understand the following:

(1) It takes 3/4’s of states presently equal to 38 states to ratify a proposed amendment to the US Constitution thereby making the amendment a part of the US Constitution.

(2) THE MAIN REALITY: THE STATES HAVE NO POWER BEFORE THE FEDERAL GOVERNMENT.

Now some may think ... “but Congress can amend the Constitution”. Think about this. Will the present makeup of Congress amend anything to express the Will of the People? The answer is absolutely not, they won’t even get it into a committee.

Think about it some more in terms of the 10th Amendment. Is the 10th Amendment respected, observed, utilized? No, it is not. It has been subordinated by other amendments or ignored altogether.

Repeat the main reality:

THE STATES HAVE NO POWER BEFORE THE FEDERAL GOVERNMENT.

Understand why is this. Understand how this happened.

This lack of power is actually a loss of power as a direct result of the 17th Amendment extinguishing the power of state legislatures before Congress.

NOTE: the 16th, 17th and 18th Amendments were all from the year 1913. They were all a stain on the US Constitution and serve as a clear illustration of how ‘knee-jerk’ reactions to problems and conflicts of the day result in disaster. We must avoid these types of 'knee-jerk' mistakes by ensuring our amendment is both broad and specific AND IN THE SPIRIT OF THE FOUNDERS.

THEREFORE, if WE THE PEOPLE through our state legislatures are to consider amending our US Constitution by asserting Article V, then we must be very careful, very thorough, and we must understand the CORE OF THE PROBLEM. We must not be 'all over the map'. We must be united. In all likelihood we only get one shot at this in our lifetime.

The root of the problem is the 17th Amendment. We can propose to repeal it and some very respected FREEPERS advocate for doing just that. But in my opinion repealing the 17th Amendment takes too long and is not necessary to solve the problem. Also the 17th is laden with emotional symbolism because it gave a power to vote to the people. In effect, to repeal it will launch a debate and war in society that will end up following so many directions that it will smother the entire reason of why we needed to do it in the first place; we risk the reason for the repeal to getting lost in the noise and being forgotten.

Let’s look at the problem from a slightly different angle. If we can’t get at the root of the problem, can we get at the core of the problem?

The answer is yes.

An illustration is needed that shows how the power of Article V can be unlocked by the States to restore federalism thereby restoring our liberty and saving our Republic. Note this illustration condenses several of Mark Levin’s suggested Liberty Amendments and incorporates valuable input from concerned Freepers.

************************************************
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, specific federal court decisions and specific executive directives of any form shall be repealed and made void. ************************************************

Section 3 of the above illustration puts an end to the social tyranny of the federal government. The 28th Amendment can survive as a predominant amendment of the US Constitution when voters and state legislatures unite to fight together.

WHAT MUST WE DO TODAY?

(1) Strongly recommend the following must-see video of Mark Levin be watched, consumed and studied:

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

(2) Strongly recommend everyone to urge their respective state senators and state representatives, and the people that work for them, to view it also.

(3) Put it on your to-do list to find out who is your State Representative and who is your State Senator. Get their names, addresses and phone numbers. You will be astonished at how accessible and neighborly they can be.

(4) Sign up here as soon as possible:

http://www.conventionofstates.com


TOPICS: Constitution/Conservatism; FReeper Editorial; Government; News/Current Events
KEYWORDS: articlev; conventionofstates; scotus; statesrights
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There are 7,398 elected members of state legislatures. They can be considered as a backup representational body for WE THE PEOPLE.

Our representation through Congress is LOST.

Only one delegate from each of the 99 state legislative bodies is needed. Out of these 99 delegates, only 66 from 34 states are needed to propose Article V amendments.

Conservatives and republicans control 66 legislative bodies.

Therefore, all of what is discussed here CAN BE DONE! AND IT MUST BE DONE NOW!

Today's Supreme Court release together with the imminent ruling release on redefining marriage should provide the spark to ignite Article V tinder.

Find out who are your state representatives and call then TODAY!

Congress will never do anything about this!

IT'S TIME FOR ARTICLE V NOW OR NEVER!

1 posted on 06/25/2015 9:57:29 AM PDT by Hostage
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To: Hostage

They’re not following the Constitution as it’s written now.

What will make them obey new statutes?


2 posted on 06/25/2015 9:58:54 AM PDT by Tzimisce
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To: Hostage

There is another solution to SCOTUS, namely that the Supreme Court Justices are not given their positions for life, but only during “good behavior”.

I do not think it a big stretch to consider violating the Constitution bad behavior and remove them from the bench.

But that would require a Congress that respects the Constitution, and to that end, it looks like only an Article 5 convention can help us to make that happen.


3 posted on 06/25/2015 10:01:05 AM PDT by gspurlock (http://www.backyardfence.wordpress.com)
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To: Hostage
IT'S TIME FOR ARTICLE V NOW OR NEVER!

It is too late! America now has joined most of the rest of the world as a communists dictatorship. Will never be reversed except by civil war.

4 posted on 06/25/2015 10:03:20 AM PDT by Logical me
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To: Hostage

I think we are way, way, waaaaaaaaaaaaaaaaay beyond that now.

Gun control laws have no effect on the lawless.

Constitutional laws have no effect on the lawless.

This society is terminally ill.


5 posted on 06/25/2015 10:03:22 AM PDT by chris37 (Heartless)
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To: Hostage

Forget the TPA, just pass the TPP. Get it all over with so we can all just move along after seeing the wreckage.


6 posted on 06/25/2015 10:03:35 AM PDT by Paladin2 (Ive given up on aphostrophys and spell chek on my current device...)
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To: Tzimisce
So far it seems to me that opposition to Article V boils down to about four objections:

1. It won't work -so don't bother trying.

2. It won't work, even if it does work, because "they" will undo it, ignore it, or somehow overrule it, so don't bother trying.

3. It will work, but don't try it because it will work only for the other side.

4. No opinion on whether it will work or will not work, but the Constitution we have is just fine so the solution offered by the Constitution itself in Article V should be ignored in favor of redoubling our efforts and doing more of the same every election cycle because this time we will get different results.

Which category are you in?


7 posted on 06/25/2015 10:04:13 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: Publius; Jacquerie; cottonwood

Please ping the list set this thing on fire!


8 posted on 06/25/2015 10:04:19 AM PDT by Hostage (ARTICLE V)
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To: nathanbedford

u r good.


9 posted on 06/25/2015 10:05:23 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Tzimisce
Spot on.

We would have to be a nation of law-abiders for this to work, and we no longer are, at the governing levels. States themselves need to decide what their own course should be. I'm no neo-confederate, but Jeff Davis is probably chuckling at us right now.

10 posted on 06/25/2015 10:06:37 AM PDT by thescourged1
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To: nathanbedford

Me?

5. Go For It Anyway!


11 posted on 06/25/2015 10:08:06 AM PDT by Wilum (Never loaded a nuke I didn't like)
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To: Tzimisce

The federal government can choose not to follow the Constitution, but it does not matter.

Because Amendment 28 allows the States to ignore the federal government and there’s nothing the federal government can effectively do about it.


12 posted on 06/25/2015 10:09:52 AM PDT by Hostage (ARTICLE V)
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To: nathanbedford

How are you going to make them follow new amendments when they’re not following the old amendments?

How are you going to do it?

Especially when the Supreme Court just said today that the government doesn’t have to follow its own laws.

You need to have an answer for that question - or yes, it is a waste a time.


13 posted on 06/25/2015 10:09:55 AM PDT by Tzimisce
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To: thescourged1
States themselves need to decide what their own course should be.

I thought that was precisely what Article V does.


14 posted on 06/25/2015 10:12:14 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: gspurlock

Yes your thoughts are in the fair zone and Mark Levin addresses your thoughts.

In my view Amendment 28 neuters the SCOTUS (Supreme Court of the US for those reading) so term limits or removal provisions for justices are not needed. But I am not against such considerations.


15 posted on 06/25/2015 10:13:10 AM PDT by Hostage (ARTICLE V)
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To: Hostage

I’ll say this again -

While Article V is a NOBLE cause - ARTICLE V WILL NOT SAVE US FROM WHERE WE HAVE ARRIVED.

The current regime and dictatorship has made the Constitution IRRELEVANT.

More Amendments intended to LIMIT and RESTRAIN the power of Washington will be as ignored and discarded and ruled against as the current limits to restrain the power of the Federal Beast have been.

No sir, the solution is NOT going to come via civil means - because you cannot restrain lawless, tyrannical and uncivil people by civil means.

Our course of action at this point is the same as it was for the Colonists in 1775: REFUSE TO COMPLY WITH TYRANNY.

RESIST.

IT IS TIME WE DO THAT.

If we refuse to comply - the true vicious nature of this burgeoning tyranny will be revealed, and then we will have THE MORAL AUTHORITY TO RESIST by every and all means as it was for the Colonists.


16 posted on 06/25/2015 10:13:49 AM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Tzimisce

The states take more power and take their usurped power back and use it, nullifying as much as possible of the federal overreach. No one expects the federal government to act any differently.


17 posted on 06/25/2015 10:14:29 AM PDT by strings6459
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To: nathanbedford

Good exposition of what the opposition consistently uses.


18 posted on 06/25/2015 10:14:49 AM PDT by Hostage (ARTICLE V)
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To: Hostage; Old Sarge; EnigmaticAnomaly; Califreak; kalee; TWhiteBear; freeangel; ...
Image and video hosting by TinyPic

.

19 posted on 06/25/2015 10:17:04 AM PDT by LucyT
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To: nathanbedford
Which category are you in?

I'm not against it, but I think people are a little hung up on the process. The big hurdle will be getting consensus on the content of proposed amendments. Levin has his proposals but the only one that seems to be nearly universal in the states that are considering it is the BBA. Even then, there are dozens of variations.

I don't fear the "runaway" scenario but think it's more likely that the convention won't produce agreement. I'd rather have the focus more on building consensus on the amendments than on the process.

20 posted on 06/25/2015 10:17:10 AM PDT by semimojo
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