Posted on 02/01/2014 3:48:17 AM PST by Jacquerie
In what is taking shape as a sort of Great Awakening, state legislators have begun to learn that they hold equal status with Congress when it comes to proposing amendments to the U.S. Constitution. Indeed, a handful of state legislators from each state, as yet unknown, are destined for the annals of American history the moment the nation's first Convention for Proposing Amendments is gaveled to order.
The process, found in Article V of the U.S. Constitution, requires the legislatures of at least two thirds (34) of the states to pass resolutions demanding that Congress call a "Convention for Proposing Amendments" -- an ad hoc assembly where state legislators, voting state-by-state, may propose (but not ratify) amendments.
The thought of such a thing, while horrifying to Congress, represents the last constitutional method to reform a federal government run amok. And nothing more clearly illustrates the divide between flyover country and the federal city than the remedies that are sure to be proposed and later ratified by the states. To the ruling class, nothing could be more anathema than the prospect of amendments requiring term limits, balanced budgets, single-subject bills, and commerce clause reform.
Few on the Hill seem to be taking notice of the gathering clouds -- a situation that the states would do well to exploit. If anything, the nascent "Article V movement" is little more than a curiosity among the ruling elite. Congress, aware of Article V, has every expectation that the states will continue a 200-year losing streak when it comes to coordinating the resolutions necessary to trigger the process. This is entirely due to the fact that the founders left Congress in charge of counting the resolutions.
(Excerpt) Read more at americanthinker.com ...
There really is nothing to lose and everything to gain.
In 2014, America is a police state. The institutions that brought us to it, can hardly be expected to suddenly reverse course. Obama has established precedents such that national elections increasingly serve to confirm who will be our next tyrant.
Patriots have been backed into a corner, and there is but one remaining, possible way to restoration of republican freedom.
Article V.
Its like listening to the GOPE tell us they're just waiting for the perfect time to confront the administration over executive orders, Obamacare, spending, debt, etc.
Meanwhile, our republic slips further into tyranny.
There is no question American patriots could, with a clear conscience, resort to extralegal, extra judicial acts to restore freedom. Self-preservation is the natural right foundation of all other rights. History shows that once government is overturned, when a palace or certain house without color is stormed and nasty things are done to the inhabitants, there is no way of telling where events will go. We'd be back in a state of nature, where raw force determines outcomes. The environment would not be conducive to reestablishing freedom.
That is why EVERY effort must be made to utilize the legal, constitutional means our Framers bequeathed.
The alternative, while justified, is too horrible to consider as a first option.
There really is nothing to lose and everything to gain.
Patriots have been backed into a corner, and there is but one remaining, possible way to restoration of republican freedom.
There is no question American patriots could, with a clear conscience, resort to extralegal, extra judicial acts to restore freedom. Self-preservation is the natural right foundation of all other rights. History shows that once government is overturned, when a palace or certain house without color is stormed and nasty things are done to the inhabitants, there is no way of telling where events will go. We'd be back in a state of nature, where raw force determines outcomes. The environment would not be conducive to reestablishing freedom.
That is why EVERY effort must be made to utilize the legal, constitutional means our Framers bequeathed.
The alternative, while justified, is too horrible to consider as a first option.
Article V.
So let's get on with it America!
And by this I assume that you think that an Article V Convention (aka Convention of the States) would provide liberals this opportunity.
You have no basis in fact for this assumption. First, any Convention of the States must be convened for a stated purpose - and to propose, not adopt - amendments to further that purpose.
Every state represented at the Convention - and they don't all need to attend, but we can assume that they will if one is called - have exactly one vote. Liberal states will be outnumbered by relatively conservative states.
All amendments proposed by the convention will have to be ratified by at least 3/4 of the states. Do you really think that the kind of Constitutional hijacking you seem to fear would meet the approval of 3/4 of the State Legislatures?
There is a good chance that an Article V Convention would end in failure to get agreement on the amendments to propose, or that the amendments proposed would fail to secure ratification, but there is no practical reality where we would wind up with a liberal wet-dream new Constitution.
The way we get that is to continue on our current course of piecemeal gutting at the hands of a self aggrandizing federal bureaucracy and out of control federal court system.
40 years of observation and the current state of affairs applied logically to the situation.
These state legislatures have happily sold their sovereign soles to the fed for matching funds, and both parties have been very compliant.
I wish it were different, maybe someday, but not now.
Some of the Constitution is being ignored, but not all of it. The parts that are still strong are the more simple, structural parts. So far, for instance, 0bama is not ignoring his term limit.
The idea is to restore state sovereignty with structural changes that are hard to ignore such as term limits for Congress and the Supreme Court, repeal of the 17th Amendment, a State Repeal Amendment, etc., not things like a restatement of the commerce clause that could easily be "reinterpreted".
I urge you to read Mark Levin's book.
I’ve been observing for longer than you and perhaps closer as well.]
I have to agree with you in part; ever since the 16th and 17th and Amendments, States have been relegated largely to the status of administrative regions and have to a great degree lost their way as they lost their independence and their independent funding.
But there is a groundswell of sentiment in the many states (but not all) that this situation can and should be changed. This needs to be nurtured and encouraged and the the greatest degree possible, expedited.
That’s what we’re about.
I have no issue with that. But the enemy always gets a vote, so we'd better be paying close attention. The Left would like to push forward on an Article V too, for their own reasons. And they won't be playing fair.
You can expect bribery, intimidation, and street action. The reason an Article V would have to be closed, is because rioting would otherwise ensue (and it might anyway).
Anticipate everything that the Left could possibly do to hijack the process and have plan B, C, D, E, etc. And I would add that you best plan for civil war to follow, because an Article V to our liking would be a wooden stake through their heart. They'll burn the cities before they accept the consequences. So we'll need to be ready for that as well.
So given the 2012 general election map, which blue states are you counting on to get to 38? I don't mean that as a taunt, but an observation of just how hard its going to be.
You'll need all but 12 states. New England, the West Coast, and Hawaii are 14, so you will need all of the others, plus two of those.
I over counted “New England” I was thinking North East and counting Maryland and Delaware in that grouping.
I don’t think I ever said I thought it would be easy. Or fast.
But to answer your question directly only 34 states - not 38 as you presume - are required to call a Convention (2/3 of 50), so here goes: Nevada, Colorado, Iowa, Michigan, Ohio, Florida, Minnesota, Wisconsin, Virginia, and Pennsylvania would do it. There could be more, as the move gains momentum, states will not want to be left out of the process.
In the convention itself, each state has one vote, so the 24 red states are well positioned to combine with several “purple” states to have a dominant influence on the outcome.
Ultimate ratification of any proposed amendments by 3/4 of the states is a different issue and will take place in a radically different political environment from today. That bridge will be crossed much later.
Reading everything else in your post, I don't see where we are in disagreement, as all of my cautions apply to acting too hastily, and I've even stated that a cataclysmic event is likely required.
Keep in mind that the conference at Mt. Vernon was attended by representatives from 32 states, so we could be very close already.
I only count 26 states with Republican legislatures, which takes me to my original point, i.e. you don’t want to start an Article V unless you are nearly certain of the outcome.
Of course, deep blue states might want to take part, just not for the same reasons.
Thank you for posting this interesting article, and carefully shepherding this thread in such a level headed way. If you have a ping list for this topic, please add me to it.
Gopherit
Certainly. Welcome!
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