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A Frankenstein Constitution

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

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To: MamaTexan
abide verb \ə-ˈbīd\ : to accept or bear (someone or something bad, unpleasant, etc.) : to stay or live somewhere : to remain or continue
61 posted on 04/18/2014 11:29:56 AM PDT by Usagi_yo
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To: Usagi_yo
I have no buddies. Read my profile

I really don't care.

What I care about is someone posting -

HEY! Let's all gang up and endlessly BULLY those who refuse to get down on bended knee and kiss the robes of the SCOTUS.

That IS, in essence what you said.

62 posted on 04/18/2014 11:38:48 AM PDT by MamaTexan (I am a Person as created by the Laws of Nature, not a person as created by the laws of Man)
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To: AEMILIUS PAULUS
You had better read Article Five of the Constitution.

I have and it does not authorize a "Constitutional Convention".

63 posted on 04/18/2014 11:48:05 AM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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To: Da Bilge Troll

The very word “Convention” is used. I am not impressed with those people advocating a convention. They appear to be just those type of people one does not want tampering with our government.


64 posted on 04/18/2014 11:57:38 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: MamaTexan

“HEY! Let’s all gang up and endlessly BULLY those who refuse to get down on bended knee and kiss the robes of the SCOTUS.”

Well I’m sorry that’s your interpretation of what I said.

In the nice response I posted earlier (or miss posted because I can’t find it now I point out this:

RE: My post #43 in the thread on states sending faithless electors based on popular vote (a fiction created by the media to sell controversy) http://freerepublic.com/focus/f-news/3145825/posts

Salient point
[BARF ALERT WARNING]
— begin quote —
The notion of popular amendment comes from the conceptual framework of the Constitution. Its power derives from the people; it was adopted by the people; it functions at the behest of and for the benefit of the people. Given all this, if the people, as a whole, somehow demanded a change to the Constitution, should not the people be allowed to make such a change? As Wilson [REFERENCE CONSTITUTIONAL FRAMER JAMES MILLER] noted in 1787, “... the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them.”

Reference: http://www.usconstitution.net/constam.html#interpret
— end quote —

To which I ask: So what Constitutional Framer do we give more credibility to? What do we base that choice on?

So the summary is: If we don’t abide by the Constitutional methods of changing the Constitution .... what right do we have to expect the other side to?

If we won’t abide, then why should they abide?


65 posted on 04/18/2014 12:12:10 PM PDT by Usagi_yo
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To: Da Bilge Troll

A single amendment wouldn’t require a convention. AFAIK, a convention is for a constitutional overhaul. So what would be required at the amendment level would be this issue passed by the proper number of States. In the alternative, it could be passed as a federal law by Congress. However that would presume Congress would want to draw attention to it’s main form of wrongfully imposed power and then limit itself from access to that wrongful process. Needless to say, it’s hard for me to see that happening. So if it ever happens I see it arising from the several States in the form of a constitutional amendment.


66 posted on 04/18/2014 1:16:28 PM PDT by Talisker (One who commands, must obey.)
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To: AEMILIUS PAULUS
They appear to be just those type of people one does not want tampering with our government.

Oh, yes. Mark Levin is such an idiot.

67 posted on 04/18/2014 1:54:05 PM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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To: Talisker
So if it ever happens I see it arising from the several States in the form of a constitutional amendment.

Amendments must first be formally proposed. There are two ways to propose amendments - via Congress or via a convention. Since you don't want a convention, that leaves Congress.

68 posted on 04/18/2014 1:58:40 PM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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To: Da Bilge Troll

LOL, it’s not that I “don’t want” a convention. In fact, I don’t really care how it comes about. All I’m saying is that it is a simple fact that the US Code and the State Codes apply - by their own definitions - to corporations, officers of corporations, people acting in a corporate capacity, or government employees. That’s it. And obviously, these laws are being applied to people who do not fit those incorporated definitions, and thus they are being wrongfully applied. Further, there is no clear way from any part of the government to identify oneself as non-corporate or refute the presumption of corporate status. And finally, it is also a fact that every single effort of leftists, liberals and RINOS to undermine the freedoms acknowledged by the rights of the original Constitution is done through statutory (corporate) law.

So what’s left? Changing the laws? They’re still statutory laws applying to incorporated subjects. What has to happen is that they have to stop being applied to non-incorporated free people. And so it seems there needs to be a law that blocks that presumption, and requires full declaration of corporate applicability. How is that to be done? Through the amendment process, or through simply passing laws pertaining to these needs at a congressional level.

Other than that, what’s left - a constitutional convention? Yes, technically. The problem with a ConCon, as I understand it, is that it is open to numerous agendas being enacted against each other by all parties, and lacks inherent coherence to a specific goal. Obviously, that can wreak destruction, especially when this particular subject, if enabled at a ConCon, would cancel out the mechanism by which the entirety of the Left’s agenda is wrongfully enacted. So essentially the entire convention would be about this one single thing. Which is fine, but why not then just do an amendment and cut out the ConCon risk of Leftist agenda subversion?

All that being said, yes, technically, if the needed amendment could be safely achieved through a ConCon, then that would do just fine. It just seems that doing it in that way would be unduly difficult and even risky. Because the philosophical descendents of same people who came up with the idea of applying corporate law to free people in the first place, would be at the same ConCon where that technique was being blocked - and I have a feeling they’d fight it with everything they have, whether aboveboard, or through dirty tricks, or lies, or whatever.


69 posted on 04/18/2014 6:41:39 PM PDT by Talisker (One who commands, must obey.)
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To: Da Bilge Troll

Grant that Levin is what you think he is he is only one out of many delegates. The demographics of today’s America is not the demographics of 1789. I don’t want Third World people and some kooks tampering with our government. To put it another way we do not have George Washington, James Wilson and Ben Franklin anymore. They have all gone away. We have a Negro community organizer as President in America 2014 A.D.


70 posted on 04/19/2014 7:48:13 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Da Bilge Troll

Grant that Levin is what you think he is he is only one out of many delegates. The demographics of today’s America is not the demographics of 1789. I don’t want Third World people and some kooks tampering with our government. To put it another way we do not have George Washington, James Wilson and Ben Franklin anymore. They have all gone away. We have a Negro community organizer as President in America 2014 A.D.


71 posted on 04/19/2014 7:48:41 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Jacquerie

An interesting read and I think it addresses the concerns of those who make the oppressive Constitution argument. Alas, that is not the argument I take in my opposition if it can be called that. I think think that the debate is harmless and may even be a positive thing. However I also see actively seeking an article V convention as an exercise in futility: in order to be ratified 38 states have to agree on anything that comes out of it. That means that 13 states can effectively veto anything. We have at least 13 states who are not only OK with the status quo, they’re actively rushing to expand it.

Another problem that I see is the implicit assumption that the state governments are any more freedom-friendly overall than the Federal government. And this belief is based on?


72 posted on 04/20/2014 2:56:08 PM PDT by RKBA Democrat
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To: AEMILIUS PAULUS
Grant that Levin is what you think he is he is only one out of many delegates.

Delegates? I didn't know delegates had already been chosen!

What is your plan? Perhaps surrender is your option? That is an option not available to me. Defeatism is not a winning strategy!

73 posted on 04/21/2014 1:44:20 PM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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To: Da Bilge Troll
We are way past the day when normal political methods can provide a solution to social and political stresses. The American people have lost their fitness for self governance. It is going to take a dedicated few about 10%.

My primary objection to a Constitutional Convention is based upon the simple fact that George Washington, James Madison, Ben Franklin, etc. "ain't here no mo!" Today we are peopled by Azi al Wazi, Barack Hussein Obama, Juan Maria Garcia, Chung Chan and last but not least Mbuggami Ngngi. I don't think they will propose and pass amendments that will benefit all. I do think people should become aware of how the amendment process works. I heartily recommend reading Article V which provides for two methods; one by congress and one by a call from the legislatures of 2/3 of the several states.

74 posted on 04/22/2014 7:54:05 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: AEMILIUS PAULUS
I don't think they will propose and pass amendments that will benefit all.

The people you mention will have no vote.

75 posted on 04/22/2014 1:40:39 PM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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