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A Rebirth of Democracy in Virginia
Washington Post ^ | 5 February 2015 | Ken Cuccinelli & Michael Farris

Posted on 02/05/2015 10:52:58 AM PST by Publius

It takes a fair amount of audacity for a pair of political bloggers to call a group of lawyers that includes professors from Princeton and Georgetown Law School, two former Supreme Court law clerks, a White House Counsel, a law school dean, an attorney with actual Article V litigation experience and a former attorney general of Virginia “a posse of supposed conservative constitutional scholars.”

What could merit this kind of sneering vilification from the local political bloggers? We merely contend that the states should use the explicit text of Article V of the Constitution to stop the abuse of power by the federal government.

Let’s review the text of Article V and the actual history (using original sources) of the adoption of the Constitution to demonstrate that our arguments are factually accurate and legally sound.

(Excerpt) Read more at ...

TOPICS: Constitution/Conservatism; Editorial; Government; US: Virginia
KEYWORDS: amendmentsconvention; article5; articlev; articlevconvention; concon; cuccinelli; farris; vageneralassembly; virginia
Good article by two people who have studied Article V.
1 posted on 02/05/2015 10:52:58 AM PST by Publius
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To: 5thGenTexan; AllAmericanGirl44; Amagi; Art in Idaho; Arthur Wildfire! March; Arthur McGowan; ...

2 posted on 02/05/2015 10:53:52 AM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

Several good news stories on the ArticleV in the last few days. I m scared to get excited for fear of jinxing it. Gosh we sure need this.

3 posted on 02/05/2015 10:59:24 AM PST by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheelbarrow)
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To: Irenic
Several good news stories on the ArticleV in the last few days. I m scared to get excited for fear of jinxing it. Gosh we sure need this.

What kind of amendments do you want that you believe 3/4 of the States would ratify? Given that the Feds spit on the Constitution now, what makes you think they would abide by it then? None of the amendments I see proposed would deal with the international law and unconstitutional treaties that have us in such a bind with regard to tyrannical regulations.

4 posted on 02/05/2015 11:06:56 AM PST by Carry_Okie (Those who profess noblesse oblige regress to droit du seigneur.)
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To: Carry_Okie

We disagree and see things differently— I’ll leave it at that. There’s no point in arguing about it. Your mind won’t be changed and neither will mine.

5 posted on 02/05/2015 11:17:58 AM PST by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheelbarrow)
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To: Publius
A good column, except for this:

Thus, there is an absolutely firm legislative precedent that an agreement on the topic is the sine qua non for the call of a convention. Notice the authors didn't cite a source.

There is nothing from the federal convention, The Federalist nor the state ratification debates to support that assertion.

From Article V, amendments are proposed at the convention. Congress' duty is to tally applications and call a convention when the number reaches two-thirds.


6 posted on 02/05/2015 11:25:47 AM PST by Jacquerie (Article V. If not now, when?)
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To: Jacquerie

Importantly, an argument can be made *right now* that enough states have called for a convention. And while that can be argued *right now*, congress could end the debate *right now*.

All it takes is a resolution of both Republican-controlled houses of congress that 34 states have indeed called for an Article V convention. If it passes *by a simple majority* in both houses, that would end the debate.

Obama would have no, zero input. The Democrats could not block it.

Immediately, congress would then be required to establish the few particulars, and to officially notify all 50 states to send delegates.

This could *right now* be done in a single day.

Importantly, this is not up for litigation. Nobody has the standing to sue to prevent it. Once congress makes its resolution, the process cannot be stopped.

Very importantly, states *could not* send sitting congressmen or senators as delegates.

7 posted on 02/05/2015 1:02:12 PM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: Carry_Okie

Your line of questioning has been addressed countless times in the past years since this Article V movement picked up steam especially with the COS Project driving it.

For those who are TRULY interested in learning and not just heckling, they should first commit to listen to an exceptional speech given by Mark Levin before ALEC at a COS Project meeting just 2 months ago:

Standard troll heckling questions and all other legitimate questions/concerns are addressed and answered in his speech at the above link.

As for answering your type of question directly, it is up to State legislatures to continue building solidarity among themselves and to propose an amendment or amendments and to make it structural so that the federal government cannot ignore it for in ignoring it the federal government may find itself irrelevant as States move under the new authority of their new Constitutional Amendment(s) to overrule and check the federal government. As solidarity builds among state legislators a Constitutional Amendment is expected to emerge, proposed and ratified solely by State Legislators (or ratified by State Conventions if Congress should so decide) under authority of Article V.

Such amendments that are presently in work are designed so they cannot be ignored.

For example, one such amendment adapted and consolidated from several of Mark Levin’s suggested Liberty Amendments and comprising issues which any State Legislator will embrace and receive support for is given below.

First, it may be a challenge for people to even find out who their state legislators are but one must do what is needed to be done sending to state legislators the below amendment proposal. It is a very good bet that state legislators will like this type of proposed amendment very much because it’s right up their alley, it’s natural to them with no political repercussions for them.

Here’s an example of what they can propose as an amendment to the Constitution that cannot be ignored:

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.
Upon a majority vote in two-thirds of state legislatures, federal statutes and federal court decisions shall be overridden.

Section 3.
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.

Now if Section 1 above is replaced with a repeal of the 17th Amendment, that may be even better but it may be a hard sale. Recalling US Senators gets the job done for state legislatures and it also requires interaction with the voters as they retain the right to vote for their US Senator.

With the above amendment, there would be no Obamacare, no same-sex marriage nonsense, no Executive Amnesty and so on. Most all of the social issue tyranny would go away. States would be restored to their right place in the nation’s history.

8 posted on 02/05/2015 1:11:18 PM PST by Hostage (ARTICLE V)
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To: yefragetuwrabrumuy
Agree. Congress has long gaffed off its duty to call a convention.

Congress’ Present Duty to Call a Convention:
Part I
Part II
Part III
Part IV
Part V
Part VI

9 posted on 02/05/2015 3:08:35 PM PST by Jacquerie (Article V. If not now, when?)
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To: Publius
Great article. Thanks for posting.

Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.

The longer we wait, the bigger the risk of nullification, secession or outright civil war.

Convention of States - Alabama Way to go Alabama! A good introduction.

The Case for an Article V Convention. Fantastic explanation of Article V convention to the Mass State Legislature.

I would recommend watching the above videos first and then:

Convention of States Lots of information here.

Call a Convention A call for a Convention of States

Article V Project to Restore Liberty Another good source.

Convention of States model Resolution

A Summary of Mark Levin’s Proposed Amendments by Jacquerie

Chapter 1 of Mark Levin’s Book, The Liberty Amendments

Mark Levin, Constitution Article V, and the Liberty Amendments

Rep. Bill Taylor introduces a Convention of States

List of Mark Levin You Tube Videos

Mark Levin Article V, Liberty Amendments youtube video hub

Three hour video of C-Span interview with Mark Levin

Mark Levin’s ALEC Speech, Dec 4, 2014

Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.

Mark Levin’s “Liberty Amendments” Sean Hannity Special

Convention to Propose Amendments to the United States Constitution

The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process

Amendment Booklet.pdf

Friends of Article V Convention Links

Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th

Article V Handbook - for State Legislators An important resource.

State Legislators Article V Caucus State Legislators, Join up at this site!

Send this list of links to your State Representatives and Senators here: Contact your State Legislators.

Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points.

Excellent Article V Letter to a State Assemblyman by Jacquerie

"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke.

Let’s all work together to get this going.

10 posted on 02/05/2015 6:14:13 PM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: All
ON THE BACK BURNER: Proposed Repub reforms:

<><> lowering taxes,

<><> financial accountability,

<><> restricting the commerce clause,

<><> restraining the judiciary,

<><> repealing the 17th---returning the election of senators to state legislatures, and,

<><> clarifying and amending the Constitution to the founders' original intent.

THIS IS A BIGGIE: Closing constitutional loopholes created by calculated liberal attacks using "case law."

As FReeper Publius posted: The federal government follows the Constitution to the letter. Unfortunately, it's the Living Constitution, the Constitution symbolized as a Tree, the Constitution that evolves with the times even though its words never change, the Constitution of penumbras and emanations, that the federal government follows.

When the federal entity goes beyond the Constitution's words to govern by penumbras and emanations, then the states should modify the words by amendment to restrict what the federal government can and cannot do. phrases like “shall not” and “can not be infringed” are cloudy in their meanings. It’s time to take away their self designed exemptions and selective enforcement for their fellow oligarchs.

They need to live according to their own laws under Sections VII - IX. It’s called “case law”, or “precedent”. When you build an edifice of case law, you modify and change the meaning of words until they mean something that is quite different from their original intent (hat tip to Publius).

11 posted on 02/06/2015 4:52:04 AM PST by Liz
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To: Liz

“we twist the law beyond recognition. its our job. What’s legal is whatever you can convince a judge” Ally Mc Beal 1992

12 posted on 02/06/2015 4:55:09 AM PST by bert ((K.E.; N.P.; GOPc.;+12, 73, ..... Obama is public enemy #1)
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To: All
In a major suck-up to illegals, Oboma "announced" he was issuing an
E/O and planned a "signing ceremony" at a Las Vegas gathering of

E/O and signing ceremony never happened. Obama was photoed signing "memos" on AF One---not an "executive action." Why? B/c an E/O comes w/ legal baggage that the conniving Boobamba wanted to evade. Both "memos" are now on the Whitehouse website.

The scam works this way: signed Boobamba memos "delegate" to federal agencies orders to come up with plans (that must advance Boobamba's global conspiracy to overthrow the US govt w/ Third World federales and their cadres jumping the US border).

The federal agencies then "invent" Committees to do this (the better to overthrow the US govt). Then "Administrative Rules," after a comment period, will be published in the "Code of Federal Regulations," which magically turns them into law........ using federal fairy dust.

So Boobamba is shielded from responsibility---he doesn't have to take the hit. Behind closed doors, he tells federal factotums what he wants.....and faster than you can say "the combo plate w/ extra hot sauce".....the overthrow of the US govt commences.


THE "DELEGATION" HORROR STORY--A Federal agency MO since 1946. It's down to a science: (1) publish a Notice of Proposed Rulemaking (NPRM), (2) make the comment period really short, (3) stonewall any negative comments, and, (4) publish the rule, which (5) NOW has the force of US law. No Congressman was ever involved, and Boobamba doesn't leave his DNA on it. Yet again, why "Delegation" is ominous for liberty---why the writing of administrative law by federal agencies - is un-Constitutional (hat tip to FReeper Regulator.)

13 posted on 02/06/2015 4:58:51 AM PST by Liz
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