Posted on 01/08/2016 12:28:09 PM PST by plewis1250
The plan lays out nine specific proposed amendments that would:
Prohibit congress from regulating activity that occurs wholly within one state. Require Congress to balance its budget. Prohibit administrative agencies from creating federal law. Prohibit administrative agencies from pre-empting state law. Allow a two-thirds majority of the states to override a U.S. Supreme Court decision. Require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution. Give state officials the power to sue in federal court when federal officials overstep their bounds. Allow a two-thirds majority of the states to override a federal law or regulation. A convention, Abbott wrote, would force the federal government to “take the Constitution seriously again.â€
(Excerpt) Read more at trailblazersblog.dallasnews.com ...
The problems with his plan is that it doesn’t go far enough. It should have term limits for Representatives, repeal the 17th Amendment, make Supreme Court justices serve a single 10 year term, more narrowly define the “interstate commerce clause”, and allowing Congress to override a alphabet rule change or EO (not a repeal of an existing rule) with a simple majority vote that doesn’t have to be signed into law by the president.
I am of the opinion that an Article V convention is the last political attempt to stave off Civil War II.
That is what he is asking for. He simply used a different term.
Article V was given to us by the Founders as a means of recourse. I get that. Problem is, when they did so, there was no uniparty, and no backroom ‘negotiations’ between the alleged opposing sides in the alleged name of ‘bipartisanship’. This will not be rainbows and unicorns. If, in fact, a successful Convention is convened, it is far more likely we will find ourselves scratching our heads, wondering how we lost MORE rights. Have fun with that.
Easy enough task for the SoB's in DC; raise taxes.
Prohibit administrative agencies from creating federal law.......Prohibit administrative agencies from pre-empting state law
Better yet, how about eliminating a bunch of federal administrative agencies.
Allow a two-thirds majority of the states to override a U.S. Supreme Court decision........Allow a two-thirds majority of the states to override a federal law or regulation.
Nullification by two thirds majority, eh? If a city can already nullify a federal law by declaring itself 'sanctuary', then a single state should, theoretically, be able to unilaterally nullify federal laws, especially the unconstitutional ones.
But hey, nice try Governor. Give me a call when you start talking about a serious solution to the federal government problem: secession.
That’s a great point, and one that I’ve made, but I think there’s explicitness here that would be hard to ignore, momentum, and freshness. The problem is drawing this thing out. If no date is set, it’s all fantasy.
Throw the entire Congress out of office, and bar them from ever returning, so state legislators can replace them and get the much more lucrative graft available to Congressmen and Senators. The wording of such an amendment would be simple:
No person who, as of the effective date of this Amendment, is now serving, or has served, all or any portion of a term in the Senate or House of Representatives may be elected to, appointed to, or sworn in as a Senator or Representative.
Wording of the next Amendment would be tricky, and getting it right will require a lot of work by lawyers, politicians and scholars. My idea is to eliminate unfunded federal mandates, which I define as those required only by federal statutes and regulations as opposed to compliance with the US Constitution. That would free up (my guess, but it isn't wild-eyed) about 20-30% of all present state budgets for state legislators to happily boon-doggle.
Plus this proposed amendment should require the federal government to reimburse the states for the 5-10 years of unfunded federal mandates prior to the effective date of this amendment. Put a cap on that of about a trillion dollars.
My idea here is to also offer state legislatures a trillion dollar bribe to pass Article V Constitutional Convention resolutions. We’d save a lot more than that in a few years if such a Convention is held and actually proposes amendments for the states to ratify.
DIE BLM
Oh, and one more thing, Governor, when the State of Texas refuses to accept any more money from the federal government then I might think that you’re actually serious.
You obviously have not read much on the writing of the Constitution. There were a LOT of "backroom deals" struck to get the Constitution passed.
My boilerplate Article V links: I keep learning new things every time I review the links. Always worth a second look. Here goes:
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:
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. .
So, do we do nothing and just wait for # 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. (So far both legislative chambers of 4 States, {Alabama, Alaska, Florida and Georgia}, have completely passed their resolutions and 36 state legislative chambers or bodies have filed or passed resolutions.) Amendments are proposed and voted on at the convention. Each Amendment must be ratified by 3/4 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!
***Another good introduction video Convention of States: The Plan to Restore America
***For the Young People Overview of the COS Project at Washington Freedom Summit Laura Fennig, a COS Grassroots Coordinator, describes the COS Project plan and how you can get involved!
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.
Learn about the Convention of States The Problem, the Solution and the Strategy
Call a Convention A call for a Convention of States
Missouri state senator delivers amazing testimony (video) Reasoned speech on why we need an Article V Convention.
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
Citizens for Self-Governance: Convention of States Project Youtube hub - Lots of educational videos here
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.
Curing Federal Dysfunction by Constitutional Amendment: A Primer Professor Rob Natelson
Our American Constitution, Article V Rob Natelson's Article V articles
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
Friends of Article V Convention Links
The Indiana Statute that will Govern their Delegates
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!
Sarah Palin: Debunking the myths of a Convention of States
A Single-Subject Convention Addresses the "runaway convention" fear.
John Birch Society Denies Its History and Betrays Its Mission The original Birchers were for an Article V Convention.
Update: Convention of States by the numbers The current State count
Convention of States Gaining Momentum
***Indiana Statute - Duties of Article V Convention Delegates A good example for other states and one of the safeguards.
****Proposing Constitutional Amendments by a Convention of States - An Article V Handbook for State Legislators An important resource.
****State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters The Bible on Convention of States
**** 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!
I never realized that this could work against us.
Ditto from north Texas (almost in Oklahoma)
Liars, cheats and elitists. Yeah, that'll help.
Both books are indispensable for understanding what happened and how.
Will have to check those out.
I would add that all federal laws, regulations and agencies should sunset every 10 years and must be re-passed or re-authorized; that no agency may pass any regulation that incurs civil or criminal liability (prevent Congress from getting unaccountable bureaucrats from doing their dirty work); and that electoral votes for all states will be allocated based on the winners of each congressional district, with two electors for each state going to the winner of the popular vote in the state.
The right will cave, as it always does. The left will come at it from the standpoint of, well, if you don't support some of our proposals, none of your proposals will see the light of day. At best, the Convention would be a complete waste of time, with nothing getting passed. At worst, it could 'revamp' a # of current items in the BoR. Don't think the 2nd Amendment will be part of it? Perhaps not, but I think the chances of that are pretty damned strong.
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