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Article V Saved the Constitution
Article V Blog ^ | May 7th 2018 | Rodney Dodsworth

Posted on 06/17/2023 11:16:40 AM PDT by Jacquerie

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To: nicollo
Article III has judicial review already embedded in the prose. Robert Yates brilliantly pointed that out in Anti-Federalist #78 and 79. Hamilton tripped all over himself trying to defend Article III.

Anyway has SCOTUS touch any of the 17 Amendments passed after the first 10? Did SCOTUS ever touch the BOR from being unconstitutional, lol? Please tell me you are just trolling. Again, Article III or opinions thereof can't touch or override an amendment that was ratified by the States. Please stop, lol, my sides are bursting.

21 posted on 06/17/2023 1:51:31 PM PDT by rollo tomasi
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To: rollo tomasi

Yates understood the dangers of the Article III powers and argued against it, but his insight was neither deliberated nor asserted in the original writing of the Constitution. If so, then why the need for Article V?

Marshall assumed and did not fulfill Yates’ warnings about the Article III powers of the judiciary.

Regardless, as a practical matter, judicial review has supplanted Article V.


22 posted on 06/17/2023 2:10:50 PM PDT by nicollo ("I said no!")
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To: Chad C. Mulligan

What Deep State outrage could convince you of the necessity of an Article V Convention of the States?


23 posted on 06/17/2023 2:14:34 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie
The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid.

This is succinctly stated as follows: "All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)




24 posted on 06/17/2023 2:26:16 PM PDT by justme4now (Our Right's are God given and I don't need permission from politicians or courts to exercise them!)
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To: nicollo

Robert Yates bailed out of the Federal Convention in early July before it wrote Article III.


25 posted on 06/17/2023 2:27:55 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

Yep, and there was little debate over Article III. For example in early August, they were still arguing over minutia, such as:

Art: III. considered ... “Mr. Govr. Morris moved to (insert) “legislative acts” instead of “all cases””

And here from Madison’s notes on Hamilton’s proposal of June 18 in various points, regarding the judiciary:

I “The Supreme Legislative power of the United States of America to be vested in two different bodies of men; the one to be called the Assembly, the other the Senate who together shall form the Legislature of the United States with power to pass all laws whatsoever subject to the Negative hereafter mentioned.

....

VII. The Supreme Judicial authority to be vested in[ ]Judges to hold their offices during good behaviour with adequate and permanent salaries.1920 This Court to have original jurisdiction in all causes of capture, and an appellative jurisdiction in all causes in which the revenues of the general Government or the citizens of foreign nations are concerned.

....

X All laws of the particular States contrary to the Constitution or laws of the United States to be utterly void; and the better to prevent such laws being passed, the Governour or president of each state shall be appointed by the General Government and shall have a negative upon the laws about to be passed in the State of which he is Governour or President.

https://www.consource.org/document/james-madisons-notes-of-the-constitutional-convention-1787-6-18/


26 posted on 06/17/2023 2:45:10 PM PDT by nicollo ("I said no!")
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To: Chad C. Mulligan

Do you believe the Framers purposely left behind a hand grenade to blow up their Constitution?


27 posted on 06/17/2023 3:06:42 PM PDT by Jacquerie (ArticleVBlog.com)
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To: rollo tomasi
Give me one example of case law perataing to any of the 27 Amendments in the Constitution that the SCOTUS struck down by their majority opinion after they were ratified by the States/Federal Congress/Executive Branches.
Again, my sides are bursting, lol...
28 posted on 06/17/2023 4:07:25 PM PDT by rollo tomasi
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To: C210N; moovova; Chad C. Mulligan; nicollo; BobL

You are a distraction from real people working on real things. Like a benchwarmer on a team, telling other players the call is wrong on the last play. We are VERY LATE, Article V is a good call, possibly the best. Why not get behind it and try at this point? You don’t think it will work? We are hanging from our last thread. Elections are fixed, if you work against the King, you go to jail or killed. Pick a thing and follow, right wrong or indifferent....INDIFFERENCE is the place where Evil thrives. Sorry, not personal but the hour is late, and the patient I fear is in the hands of Jack Kevorkian


29 posted on 06/18/2023 5:02:37 PM PDT by Glad2bnuts (Repent, turn back to your first Love. If you do well you will be blessed, if not...America 2023)
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To: Glad2bnuts
Why not get behind it and try at this point?

I did, exactly that. Years ago. I've moved on. I've posted positively here on FR on ArtV many times, way back.

All I can say is, check out the counterargument that I put forth.

If you choose to just look see, one or more of these leads, if not convince you, at least inform you where my argument is coming from:

COG (Continuance of Government) or Devolution. The 17-minute DJT inauguration speech of 1/20/17 points to that, and describes precisely what DJT was doing just about every moment of his 4-year's in office. EO 13848 and EO 13818, as well.

Best Wishes to you!

30 posted on 06/18/2023 5:10:12 PM PDT by C210N (Everything will be okay in the end. If it’s not okay, it’s not the end.)
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To: Glad2bnuts
Sorry, not personal but the hour is late, and the patient I fear is in the hands of Jack Kevorkian

It is late, and Art 5 won't cut it.

Ever watch the movie V for Vendetta???

The night is darkest just before dawn.

31 posted on 06/18/2023 5:11:40 PM PDT by C210N (Everything will be okay in the end. If it’s not okay, it’s not the end.)
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To: Glad2bnuts

The Constitution doesn’t need to be rewritten, it just needs to be ENFORCED.

A convention per Article 5 now will be captured by the RINOs and leftists who are already ruining the Noble Experiment, hastening its’ final destruction.

Believing otherwise is just an ignorant fantasy.


32 posted on 06/19/2023 4:42:21 AM PDT by Chad C. Mulligan
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To: Glad2bnuts
"You are a distraction from real people working on real things."

Get "real". If real people were working on real things, we wouldn't be in the quagmire we're in right now. Article 5 is just a Pandora's Box waiting to be opened. "Real people" would be no more able to control the evils released than they can control the evils visited upon us right now. Besides, if I'm such a distraction...ignore me.

33 posted on 06/19/2023 4:55:42 AM PDT by moovova ("The NEXT election is the most important election of our lifetimes!“ LOL...)
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