Gov. Sarah Palin • Debunking the Myths of a ‘Convention Of States’

Conservatives4Palin ^ | April 16 2015 | iizthatiiz

[Bratch]

Why A Convention Of States Is Safe: Debunking The Myth Of A Runaway Convention

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Our Founders wisely created the option of the Convention of States in the Constitution as a tool in case the federal government came to disregard the will of the people. Now some pundits are using scare tactics to misrepresent the Convention and what it could do to the U.S. Constitution.(Sarah Palin Channel)

"I’ve happily been advocating that America call a Convention Of States to propose amendments to rein in the Federal government."

"This is an option that our founders gave us in Article V of our constitution."

"They gave us Article V as an ultimate security check just in case the Federal government ever grew too large .. too corrupt .. too incompetent"

 

"Well folks, we’re there!"

"The time for this idea is now!"

"That’s why State legislatures around the country are voting on legislation calling for a Convention Of States."

 

 
"I first came to understand the need for a Convention Of States when I read my friend Mark Levin, whose best-selling book is The Liberty Amendments."

"It convinced me that the Convention Of States is the last recourse for Americans to rein in our out of control Federal government, because D.C. will never fix itself!"

 

"Everytime I bring up this topic critics start painting this scary picture of what might happen if we call a Convention Of States."

"Their biggest criticism is a fear that the delegates might disregard the purpose of the Convention and rewrite the entire Constitution"

"Let me put their minds at ease."

"There are four reasons why a Convention is safe."

 

Number 1 • The applications that the State legislatures are passing right now, define the topics to be addressed at the Convention. Anything beyond that scope is ‘out of order’.

Number 2 • State legislators send Convention Commissioners who are subject to instructions given by their State.

Number 3 • Lets just say for the sake of argument that reasons number one and number two failed. If they did, the Courts could declare their actions void.

Number 4 • Whatever amendments the Convention proposes will not take effect until three-fourths of the States ratify them.

 

"That’s 38 States. By definition, if 38 States agree on an amendment it’s not runaway. It’s a mandate!" – Sarah Palin

 

"Here’s the bottom line."

"We already have a runaway Congress and a runaway President."

"The founders gave us Article V of the Constitution to stop them."

"It’s time to use it!"

 

"Checkout ConventionOfStates.com, where you can send a petition to your State legislator and sign up to be a volunteer."

"I do encourage you to get involved. It is time."

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* Watch the Governor’s full message on the Sarah Palin Channel (subscription required)

[Art in Idaho]

Thank You Sarah Palin!

For those who think the Article V process is too risky, I ask, "What other options do you see?"

To summarize from a previous post by GraceG, I see it as:

1. Elect More Republicans - Failed due to RINO/Uni-party confluence.

2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.

3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.

4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:

5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .

Quick review: We need 34 states to pass an application, then Congress shall, by law, call a Convention of States as soon as it receives applications from 2/3 of the State Legislatures. That's 34 states. We now have 30 working on it. Amendments are proposed and voted on at the convention. Each Amendment must be ratified by ¾ of the states in order to become part of the US Constitution. That’s 38 states.

“There are far more political and legal constraints on a runaway convention than on a runaway Congress.” - Robert Natelson

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.

****Please see this summary video from Alabama first: Convention of States - Alabama Way to go Alabama! A great introduction!

Rep. Bill Taylor introduces a Convention of States

Convention of States Live! with Mike Farris

The Case for an Article V Convention. Great explanation of an Article V convention to the Massachusetts State Legislature.

**** 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

Mark Levin: “The Liberty Amendments” - Complete Sean Hannity Special + other Links

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

We can fight the uniparty! States, the Natural Second Party by Jacquerie

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

Congress’ Present Duty to Call a Convention:

Congress’ Present Duty to Call a Convention. (Part I)

Congress’ Present Duty to Call a convention. (Part II)

Congress’ Present Duty to Call a Convention. (Part III)

Congress’ Present Duty to Call a Convention. (Part IV)

Congress’ Present Duty to Call a Convention. (Part V)

Congress’ Failure to Call an Amendments Convention. (Part VI)

Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th ! Shorter Abstract here: Ulysses at the Mast, one page Abstract

****For those of you that still have doubts about the Article V process, please review: Responses To Convention Of States Opposition My initial concerns were resolved after reading these articles. My attitude now is Go For It!

Update: Convention of States by the numbers The current State count

Convention of States Gaining Momentum

Article V Latest News

Article V Handbook - for State Legislators An important resource.

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

Most State Legislatures are in session now. 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!

[Publius]

3 down, 31 to go.

[Publius]

The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

• The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.
• The Amendments Convention Method requires the legislatures of two-thirds of the states to apply to Congress to call a Convention for Proposing Amendments. The states may request a single-subject convention or a general convention open to all subjects. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.

Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.

Disposal:

Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:

• State Legislature Method, or the
• State Ratifying Convention Method.

The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.

Ratification:

Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.

Forbidden Subjects:

Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.

Explicitly forbidden:

• No amendment may be added to the Constitution concerning slavery or capitation taxes until 1808. We’re past that deadline.
• No amendment may be added to the Constitution to change the principle of equal representation in the Senate unless every state deprived of that right approves. If California wants five senators, every state must have five senators. To permit violation of this principle, every state would have to ratify the amendment, not just three-fourths.

Implicitly forbidden:

• The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution”; therefore, the Constitution of 1787 is locked in place forever. Congress and an Amendments Convention have exactly the same Proposal power; therefore, neither Congress nor an Amendments Convention can start over. Both bodies can only propose amendments. To permit the drafting of a new constitution, this provision in Article V would first have to be repealed; it would be a two-step process.

I have two reference works for those interested.

The first is from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country.

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. While I dislike some of their conclusions, they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see the view of the ruling class toward the process.

Report of the ABA Special Constitutional Convention Study Committee

[sjneuf]

We have complete & utter chaos now — just directed by Obozo. B*itch O’Connell & B[*tch]oehner ARE facilitating/enabling the chaos. What’s worse?

[Texas Eagle]

The Founders included a way to keep the federal government in check. It's called the Tenth Amendment

[Texas Eagle]

Not to suggest I’m smarter than Mark Levin or Gov. Palin on this issue but I would simply remind people that nobody had the slightest notion that the gathering called to amend the Articles of Confederation would end up with the delegates completely throwing out the Articles and taking a bow towards a new Constitution.

[moonhawk]

I would add “No law shall be passed by congress that does not apply to them, and no law shall be passed by congress that applies to them that does not apply to all citizens. Congress shall not pass any law from which they are exempt.”

[Publius]

James Madison disagrees with you. Read Federalist #40.

[Oscar in Batangas]

I nominate Governor Palin for CoS Chairman.

[Daffynition]

Retired Chief Justice Warren Burger, in a letter dated June 22, 1988 spoke out strongly against the idea of having a new (second to the original one) Constitutional Convention. The following excerpts are noted: QUOTE: ….. I have also repeatedly given my opinion that there is no effective way to limit or muzzle the actions of a Constitutional Convention….. Our 1787 Constitution was referred to by several of its authors as a “miracle.” Whatever gain might be hoped for from a new Constitutional Convention could not be worth the risks involved. A new Convention could plunge our Nation into constitutional confusion and confrontation at every turn, with no assurance that focus would be on the subjects needing attention. I have discouraged the idea of a Constitutional Convention, and I am glad to see states rescinding their previous resolutions requesting a Convention. In these Bicentennial years, we should be celebrating its long life, not challenging its very existence. Whatever may need repair on our Constitution can be dealt with by specific amendments. UNQUOTE.

We must vote into Congressional office those who will vigorously pursue the values of Constitutional and limited Government, and vote out of office those who are unwilling to make a 100% effort in that regard.

[tallyhoe]

Sarah Palin is my favorite Conservative next to Cruz!!!

[C210N]

the gathering called to amend the Articles of Confederation...

You are referring to an apple, while the issue at hand is an orange.

The gathering for the Articles was a Constitutional Convention.

The one now gathering steam to reign-in a runaway feral government is NOT a Constitutional Convention. It is an Article-V convention.

Think of it as using a different means, not used much, to *propose* amendments. The runaway congress can propose amendments today, but since they are a big part of the problem, they won't produce the necessary govt-limiting amendments. The states have a vested interest, though, and must proposed amendments to do so.

Once proposed, whether by congress, or the States, the process is the exact same - ratification.

[oincobx]

Number 1 • The applications that the State legislatures are passing right now, define the topics to be addressed at the Convention. Anything beyond that scope is ‘out of order’.

Just curious what topics the states that have passed bills have included to be addressed. Do they all have to have the same language before a convention can be called?

[Jacquerie]

Okay, since the people are not capable of self government, what form of government do you prefer?

[Jacquerie]

<>nobody had the slightest notion that the gathering called to amend the Articles of Confederation would end up with the delegates completely throwing out the Articles and taking a bow towards a new Constitution.<>

That is not an accurate summary. It is misleading.

The purpose of the 1787 federal convention was recommended by the delegates to the Annapolis convention of 1786.

Delegates informally discussed a wider convention and resolved on September 14th 1786 to ask their states for a general meeting to take into consideration the situation of the United States, to devise other such provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union, and to report such an Act for that purpose to the United States in Congress assembled.

In 1787, as in a future state convention, the authority of state delegates will be limited and defined by their states. Neither convention did/can “throw out” anything.

[Eagles6]

Save

[Daffynition]

Meh.

"A republic, if you can keep it."

*..democratic republics are not merely founded upon the consent of the people, they are also absolutely dependent upon the active and informed involvement of the people for their continued good health.*

But you knew that already, or didn't follow what I posted above.

[Crazieman]

We can’t follow you in circles.

[PubliusMM]

ping

[mazda77]

Did you read the book?