Posted on 01/16/2016 7:04:36 AM PST by cotton1706
David Guldenschuh is an attorney based in Rome, Ga., and a leader in the Article V movement, a nationwide effort to restrict the federal government's power and jurisdiction. He spoke to the Trib regarding the movement's progress.
Q: For those unfamiliar with the Article V movement, what does it entail?
A: Very few people are aware there are two ways to amend the Constitution. There's the traditional way, in which Congress proposes an amendment and then state legislatures can ratify it and if three-fourths ratify, it becomes an amendment to the Constitution. But there is a little-known gift the Founding Fathers gave to the states under Article V of the Constitution whereby state legislatures can bypass Congress and through resolutions that they've passed call for a convention of states to be held. At this convention, delegates come together from each of the states and can draft and propose amendments to the Constitution.
The Founders gave that gift to the states because they were concerned the day would come when the federal government would get too large and overreach its power and the states would need a mechanism to rein in the federal government. So the Article V movement consists of various groups petitioning state legislatures to call a convention of states to propose one or more amendments to the Constitution.
(Excerpt) Read more at triblive.com ...
ping
The Tenth Amendment should have been the First.
Thank you Governor Abbott for reviving this movement.
No. As smart and good as Abbot seems to be, it is a dangerous idea.
There is no one with half the intellect of a Jefferson, Adams or Madison. The public school idiots which have been pumped out for a hundred years cannot even contemplate the philosophy of a Locke or Smith or Reid or Cicero to any decent degree.
The Founding Documents are the most brilliant set of political documents ever devised-—and they would STILL work if the Supreme Law of our Land was the Constitution. It was ejected in the early 20th century by the “Progressives” (Fabian Socialists) who actually did it unconstitutionally-—so all the “unjust laws” are literally “Null and Void”.
We just need the court system to do their DUTY and declare the unconstitutional “laws” (like the Progressive Income Tax) “NULL and VOID”.
What makes you think the lawless politicians will “OBEY” new laws.....it is TYRANNY what the Court and politicians are doing NOW-—and it is UNCONSTITUTIONAL.
All that will be done is making unjust law “constitutional” . The LEFTIST can NOT CHANGE THE SUPREME LAW so if they could ONLY REWRITE IT-—that is their wet-dream for 100 years-—this act will give them the opportunity to do it.
Don’t think that Abbot or Mark Levine are smarter than the Shadow Government.....they are peons to the Psy-ops that has been allowed to work on the minds of the masses for 100 years-—plus all the drugging.
Repeat: it is a DANGEROUS idea. The Constitution is as perfect as humanly possible and it IS the Supreme law of the Land NOW....even though the politicians pretend it isn’t.
We need to TAKE BACK OUR CONSTITUTION-—yesterday. SCOTUS 5 at least, needs to be in prison for Treason.
Ping
.......”dangerous idea”....
Respectfully, I disagree. This document is 225 years old. It does not COVER important points (balanced budget, term limits, judiciary legislating).
The Article V Convention can only discuss/debate “proposed amendments” ergo it cannot “run away” which many are scared about.
I submit that what is infinitely MORE dangerous is continuing the status quo of America heading towards extinction. This Congress or any future Congess’s WILL NOT restrain themselves in any meaningful way.
While I support the idea that rotten amendments like the 16th and 17th need to be repealed, and could also suggest some new amendments, I also think that impeachments for government ”leaders” who ignore the Constitution, particularly state sovereignty, are long overdue.
In fact, a major problem with overdue impeachments is that the lawmakers who have the power to impeach need to be impeached themselves.
Article V ping. A short article with no new information.
Yep. Agreed! Thanks for the great rebuttal.
The states have submitted hundreds of applications and congress was duty-bound to call a convention every time the number hit 2/3 of the states.
Article V is both a gift and acknowledgement of a societal right of the people to frame their government. Since congress has not, and likely will not call a convention, it is past time for the states to coordinate a convention among themselves.
There is little time.
The problem I have with a constitutional convention is that they can ADD to the constitution, but they can also take away from it.
Which of the personal protections would you (general you, not personal) like to see squelched or removed? Shall we strike ‘’shall not be infringed’’ from Amendment 2? Shall we set exceptions to freedom of speech, press, or religion? Shall we eliminate Amendment 4? Or maybe we should allow presidents to become dictators where their executive orders become personal law?
Maybe the convention could do away with Congress totally since they seem so willing to relinquish their authority, and fail to represent the states, not to mention the costs of salaries and benefits...
Once that door is opened, trying to prevent the horse from charging off is going to be a monumental exercise which could lead to a bigger disaster than what we’ve got going on right now!
If we can’t enforce the constitutional laws that we do have right now, what is going to ensure enforcement of MORE laws? We have too many as it is, and most of it is designed to cover the tyrannical government’s ass!
National government’s job is to protect the state’s rights and the rights of the people’s therein. It is NOT the job of fed government to enhance it’s own power while reducing the powers of the states or the peoples.
Until the perspective returns to where it belongs, it’s dangerous to open the door to further destruction.
Simply MHOP
Would you please ping your list of Article V references to PrairieLady2?
You want to take back the Constitution? You need to bring SCOTUS to book. And that is impossible. Or is it?A Constitutional Amendment which did nothing but name the current members of SCOTUS would give SCOTUS something to think about. A constitutional amendment could take away their job, without a single vote by a senator or congressman. Just 3/4 of the state governments.
If all those state governments would stand up on their hind legs, they would take control of SCOTUS. Fat chance, I fear.
Will do.
First, it's not a constitutional convention, it's a Convention of States with very strict parameters, both of the convention and the delegates.
I am posting the link below which is a list of links that goes into detail, with several that address your specific concerns.
Please check out the Duties of Delegates at the Indiana link. Their duties are limited with penalties if they violate them.
I think the actual Convention of States, once it gets going, has a good chance of adding some very specific amendments to the constitution. Again, the Constitution itself is sacrosanct and will not be touched. If the Convention does not follow the rules, it would be null and void and challenged in court. Also, 38 states would have to ratify any individual amendment that is agreed upon at the convention. That's 38 states. That said, I think it will be difficult to get any amendment passed, but I think ideas such as balanced budget, term limits and others as outlined by Mark Levin are the primary initial amendments being considered, and they are populist ideas.
A concept put forth by many is if the Convention of States really gets going, it will prompt Congress to pass similar amendments. I personally don't see this happening, but it won't hurt to wake up the beltway that we're serious.
I don't have the actual list of links to post but here is a link from another thread:
http://www.freerepublic.com/focus/f-news/3384421/posts?page=15#15
Please review these and let me know what you think.
There is little time.
I agree, there is little time. The community organizer has the world and especially the USA in such a turmoil, nothing can be foreseen. The danger posed by our current administration and uniparty cannot be underestimated.
I am hoping much progress will be made with Article V planning and the actual convention will occur in 2017. The election will take much of the spotlight this year, but work can certainly be done by the individual state legislators in this regard.
It's almost as if each state legislature should get as much done as they can this year just in case the election is hijacked and Hillary does indeed become President. An Article V Convention of States will be a national emergency then.
The troubles of our republic are beyond the cure of any election.
Thank you.
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