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A Frankenstein Constitution

Posted on 04/16/2014 2:47:01 PM PDT by Jacquerie

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To: Repeal The 17th
An Article V Convention of States

For those who say:
"... this is dangerous ..."
"... this is a terrible idea ..."
"... liberal States might send extremists as delegates ..."
"... other important things might be changed ..."
"... they will attack the Bill of Rights ..."
"... the right to free speech or right to bear arms could be taken away ..."
"... they might try to re-write the entire Constitution ..."
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An Article V Convention of States has no authority to re-write or even to amend the Constitution.
-
An Article V Convention of States is simply a formal gathering of delegates from
at least 34 states (two-thirds), to discuss, debate, and "propose amendments" to the Constitution.
-
The State resolutions currently circulating call for an Article V Convention of States using the same language.
"...for the purpose of proposing amendments to the Constitution which:
- Impose fiscal restraints on the Federal Government;
- Limit the power and jurisdiction of the Federal Government; and
- Limit the terms of office for federal officials and members of Congress."
-
When/if the two-thirds threshold is met, each State would send delegates to gather in the convention.
The delegates would be selected by the various State legislatures.
The delegates would discuss, debate, and "propose amendments" to the Constitution.
The convention would operate on a one State = one vote system; with each State carrying the same weight.
-
Any proposal not within the stated purpose of the Convention of States
(fiscal restraints; limits on power and jurisdiction; limits on terms of office)
would be unauthorized, rejected, and not approved by the Convention of States.
-
Any proposal that emerged as a "proposed amendment" by the Convention of States
would require ratification by 38 states (three-fourths), the same as with any other proposed amendment.
-
An Article V Convention of States has no authority to re-write or even to amend the Constitution.
-
Read more at: http://www.conventionofstates.com
-

21 posted on 04/16/2014 3:33:26 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: Jacquerie

For it to be an Article V, 30-some states must approve basically the same amendment(s).

==

Let’s see that first.

Then, we can read the language and see what they are going to be voting for. Until that, I don’t trust ANY of them and trust them even less behind closed doors.


22 posted on 04/16/2014 3:36:22 PM PDT by TomGuy
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To: central_va

Losing is never good.
I have not evolved.


23 posted on 04/16/2014 3:42:43 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: KrisKrinkle
If thirty four states call for a convention, it won't be due to too little statism. They and their people will not yearn for more taxes, regulations, more Obamacare, Common Core . . .

States will not send schlubs off the street, or even reps with plenary powers to the convention. Legislators will send trusted, known men/women as delegates with tight commissions.

The Frankenstein constitution exists because the 17th Amendment turned the US overnight from a federal republic into a democratic republic. As our framers knew, democratic republics eventually drift into anarchy and finally, tyranny.

I believe the states are awakening to the power they have under Article V. It is one the Left has not yet excised. Oppression from DC is very well known in state capitals. Recent events, starting with the Tea Party, the mess over immigration, voter ID, and over half of the states standing against Obamacare in court reveals a growing undercurrent of building resistance.

In short, I think our nation awaits a Patrick Henry of 1765 spark, but this time to peaceful revolution.

I try to be careful and distinguish between government and people. By structural amendments, I mean along the lines of those proposed by Mark Levin.

A Summary of Mark Levin's Amendments.

24 posted on 04/16/2014 3:43:59 PM PDT by Jacquerie (Change is not made without inconvenience, even from worse to better - Richard Hooker. Article V.)
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To: Jacquerie

The problem is that since states have all the power via the Article V convention & ratification, they could order the Federal government to print money to pay for their debts, the states’ debts. All restraints would be gone as none of the state governments had to balance their budget any more — they could just charge it to the federal debt.

We’d end up with cradle to grave socialism, even more than we have now, until the entire system eventually collapse under the weight of the debt.


25 posted on 04/16/2014 3:44:58 PM PDT by Siegfried X
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To: Repeal The 17th

Roger that!


26 posted on 04/16/2014 3:53:17 PM PDT by Jacquerie (Change is not made without inconvenience, even from worse to better - Richard Hooker. Article V.)
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To: Siegfried X

I think we disagree only to the extent of how bad things are.

For all practical purposes, Congress has relinquished its power to the executive. The American Revolution has been overturned. There is no restraint.

Our backs are against the wall.

There is nothing to lose, everything to gain via Article V.


27 posted on 04/16/2014 3:58:30 PM PDT by Jacquerie (Change is not made without inconvenience, even from worse to better - Richard Hooker. Article V.)
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To: dontreadthis
Good, subtle points. I am trying to come up with a comparable historical example of authoritarianism being imposed upon a free people, and I cannot.

We are on the cusp of either peaceful or less than peaceful change. This Article V convention had better happen soon, for their is no doubt that Obama and his statists are sporting to put us all down.

28 posted on 04/16/2014 4:07:10 PM PDT by Jacquerie (Change is not made without inconvenience, even from worse to better - Richard Hooker. Article V.)
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To: Jacquerie

We do indeed have two constitutions, but the second one, the one being used to do all the damage, is CORPORATE. And the problem is that the courts have ruled that the government can PRESUME corporate jurisdiction against a human being without having to announce it or prove it. Requiring announcement and proof of jurisdiction before any invocation of corporate law, therefore, is the solution. That ONE THING stops ALL the abuses in their tracks - instantly.


29 posted on 04/16/2014 4:29:29 PM PDT by Talisker (One who commands, must obey.)
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To: Publius; Jacquerie
I support the expressly limited agenda of the Convention of States Project by the Citizens for Self-Governance.

All we need to do is enforce the constitution we have. Elect the right people to implement our written constitution and all will be well.

That's one argument against an Article V convention. That was also an argument against writing the first ten amendments (the so-called Bill of Rights) because all those things were not enumerated powers to the federal government and, therefore, were automatically forbidden from the federal government by the Constitution itself. Although true, that argument lost to the argument that the federal government would take liberties if these things were not expressly stated in the initial amendments. So it is today. Both time and progressive activism has, as you point out, effectively and illegally amended the Constitution.

So the valuable outcome here would be a recent, clear amendment expressly limiting government and government spending. As with the first ten amendments, this would act as a clear proscription that is inferred in the Constitution but ignored. It will be hard to ignore a freshly-passed, clearly-written Constitutional Amendment.

There are more steps states can take to recover their freedom and independence FROM the feds but UNDER the Constitution, but this is an important first step.

30 posted on 04/16/2014 4:45:00 PM PDT by PapaNew
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To: Repeal The 17th

EXCELLENT overview. Thank you for taking the time to put this together. I am going to bookmark this!


31 posted on 04/16/2014 5:29:00 PM PDT by SC_Pete
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To: SC_Pete

32 posted on 04/16/2014 5:37:55 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th

“Don’t Tread on my Blue Suede Shoes”!!!

America has only one King. Obama is just a Dictator.


33 posted on 04/16/2014 5:58:17 PM PDT by SC_Pete
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To: Jacquerie

Thanks! I hope you’ve made it clearer for some knuckleheads(or trolls) who frequent these threads.


34 posted on 04/16/2014 6:08:53 PM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: Repeal The 17th

The thrust of the CoS is to restore the powere of the states sufficiently to allow them to reign the power of the federal government. If the federal government refuses to follow the duly ratified amendments then we can be their slaves or we can fight. I would rather try the peaceful path. There is always time for the other option. To a point...


35 posted on 04/16/2014 6:44:13 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Jacquerie

Well said. There is little to lose and much to gain.


36 posted on 04/16/2014 6:56:50 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Jacquerie

A Frankenconstitution was produced by a Frankengovernment.


37 posted on 04/16/2014 6:58:00 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Jacquerie

Unless this is accompanied by a vast axing of the government ranks (read: fire scads of civil workers) the new one will be as Frankenized as the old.


38 posted on 04/16/2014 6:59:30 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Jacquerie

Thank you for a responsive reply.


39 posted on 04/16/2014 8:11:17 PM PDT by KrisKrinkle (Blessed be those who know the and breadth of "ignorance. Cursed be those who don't.)
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To: Repeal The 17th
"... What good would adding more amendments do? ..."

In some cases it could make their current untouchable status quite touchable.
Remember the John Murtha incident, where judges declared that he was a federal employee so that they could protect him from the slander lawsuits by the marines?

40 posted on 04/16/2014 8:56:31 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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