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Straight Talk About An Article V Convention
Noisy Room ^ | Oct 6, 2014 | Publius Huldah

Posted on 10/06/2014 12:35:51 PM PDT by Whenifhow

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Folks! For the sake of your Posterity, you must understand this: After a convention is convened, the delegates can do whatever they want – including coming up with an entirely new Constitution with its own new method of ratification. Chief Justice Burger wrote in his June 22, 1988 letter to Mrs. Phyllis Schlafly:

“… there is no effective way to limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or to one issue, but there is no way to assure that the Convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda. The meeting in 1787 ignored the limit placed by the Confederation Congress “for the sole and express purpose. . .”

1 posted on 10/06/2014 12:35:51 PM PDT by Whenifhow
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To: Jacquerie

Ping.


2 posted on 10/06/2014 12:36:35 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Whenifhow

Funny......

I thought an Article V convention fo the states to PROPOSE AMENDMENTS to the Consitiution is the same process that the congress followed to PROPOSE amendments 11th-27th only that the state legislatureas are doing vs. the power mad crazies in DC...

The Amendments STILL HAVE TO BE RATIFIED by 4/5 of the States in order to take effect....

Basically instead of having to pass through conregess with a 2/3rds vot it has to pass through 2/3rd of the STATE Legislatures...

IT IS NOT A ILLEGAL CON-CON...

Article V is in the constitution, that is why it is PART OF THE EXISTING ARTICLE V PROCESS.


3 posted on 10/06/2014 12:41:53 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: GraceG

The purpose of posting the article was simply for review and discussion.


4 posted on 10/06/2014 12:44:53 PM PDT by Whenifhow
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To: Whenifhow

Mark Levin has always admitted that his proposals are a desperate effort to avert a civil war.

They are also a desperate effort to avoid facing the issue of an illegal alien Muslim terrorist in the White House.

It’s too late for an Article V Convention. It’s simply a dead issue. “Obama” has put in motion the final stage of his plan to kill at least 90% of the American People—including the American blacks that he and his Muslim masters and the American Left consider vermin.


5 posted on 10/06/2014 12:49:19 PM PDT by Arthur McGowan
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To: Whenifhow

E X A C T L Y.

Let me quote the John Birch Society here:

“So, that’s the scam. In order to gain the necessary widespread support from both voters and state legislators for their inherently risky attempt to solve the problem of an out-of-control (unconstitutional) government by means of an Article V convention, the Article V convention advocates need to fool huge numbers of people into believing that the provision for Article V conventions was included in the Constitution only for making limited changes.”

The Constitutional Convention was originally called “just to fix the Articles of Confederation”.

Wanna destroy America? Call an Article V Convention. Why do you think even CA has asked for one. Libs are salivating over this one. You can’t call a Convention on a single issue. Once you call one, it is a street fight and the Libs have the upper hand. If you don’t think so then I have a bridge to sell you.


6 posted on 10/06/2014 12:50:10 PM PDT by RIghtwardHo
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To: 5thGenTexan; AllAmericanGirl44; Amagi; Art in Idaho; Arthur Wildfire! March; Arthur McGowan; ...

Article V ping.


7 posted on 10/06/2014 12:52:21 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Whenifhow

More fear mongering. The libs and Birchers must really be getting worried.


8 posted on 10/06/2014 12:54:38 PM PDT by katwoman5779
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To: Whenifhow

Okay, I was facepalming my way through reading it, which is why I made so many spelling errors in my response, I was in a “You have got to be **** kidding me” mode of destroying my keyborad by presing the keys of my keyboard through my desk...

Sounds like your typical hype piece from the “Birtchers” that OMG they could propose an entirely new consititution...

Technically if this were true so could congress, ie the senate and the house!!!!! And it would ONLY be valid if and only if 4/5 of the states agreed to it.

Secnario: Suppose that the Senate and House members were all taken over by alien parasites that controled them like puppets. They could propose a new amendment that would Strike all amendments 1 through 27 from the consitution into oblivion....

However....

If 1/4 of the states (legislatures) and one additional state (legislature) say “No Way Jack” the alien plans will be thwarted... as it takes 3/4 of the state legislatures in order to RATIFY the amendment ie. Make it go into effect....

End Scenario

So you have a process which has TWO paths to PROPOSE an amendment. One is Passing of it through the Federal Legislature (federal Senate and federal House) and the other is it passing through 2/3rds of the STATE Legislatures (state hosue and state senate - except nebraska, they are weird).

Both steps still have the SAME ratification step in front of them after they pass the first hurdle...


9 posted on 10/06/2014 12:55:28 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: katwoman5779

Incredible. it’s a WHOLE lot of Conservatives too. I have no idea on what planet you think we hold a majority. We will get steamrolled in an Article V convention. While nothing may ever get passed in any event, we will be overrun.

Anything can be brought up in an Article V Convention. Studied this very issue in law school and have discussed it, ad nauseum, over the years.

Just labeling something “fear mongering” doesn’t change facts.

But, in the end, this is just an academic exercise as one will never, ever happen. ; )


10 posted on 10/06/2014 12:57:43 PM PDT by RIghtwardHo
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To: RIghtwardHo

If the dems were to take over 2/3 of the house and senate nothign coulod stop them proposing any odd number of Consitutional Amendments, However the states could easily stop them as they would never have the numbers needed to actually ratify them.


11 posted on 10/06/2014 1:01:23 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: RIghtwardHo
Incredible. it’s a WHOLE lot of Conservatives too. I have no idea on what planet you think we hold a majority. We will get steamrolled in an Article V convention. While nothing may ever get passed in any event, we will be overrun.

I don't think it's necessarily the case; there are some good ideas that even voters with a liberal bent could agree on (e.g. something limiting or abolishing the NSA and their domestic espionage, or considering the heavy tax burden and high unemployment, some sort of limiting factor on [personal income] taxes [i.e. flat rate, w/ maximum rate]).

12 posted on 10/06/2014 1:03:33 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Whenifhow
I was inclined to "Report Abuse", let this be the response to the John Bircher's instead...


13 posted on 10/06/2014 1:05:27 PM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: RIghtwardHo

In the end the only remedy may be a few states seceding. That of course will probably be an armed conflict.


14 posted on 10/06/2014 1:07:56 PM PDT by Resolute Conservative
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To: RIghtwardHo

Of course anything can be proposed. It still has to be ratified you idiot.


15 posted on 10/06/2014 1:09:33 PM PDT by Crazieman (Article V or National Divorce. The only solutions now.)
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To: C210N

If 3/4 of the states ratify a crap sandwich then we deserve a crap sandwich!

Here is the way I see it amd the “exit ramps” for avoiding going off the cliff.

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

2. Article V CoS to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the the federal monster.

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

4. State Secession - Could either end up peacilbly like the breakup of the chezloslovakia in the 90’s or a brutal civil war like the first one....

The longer we wait on #2. the more likely #3 then #4 become....


16 posted on 10/06/2014 1:11:47 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: Whenifhow

“After a convention is convened, the delegates can do whatever they want – “

Complete and utter falsehood.

The fact is that we ARE in a post constitutional America. Every day a new ConCon occurs in DC and more liberty is stolen. The Framers gave the states an emergency rip cord to pull and it is now time to pull that rip cord.


17 posted on 10/06/2014 1:13:07 PM PDT by CSM
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To: GraceG

Shhhh, quite stating facts! It drives the JBS folks crazy..mmm, crazier!


18 posted on 10/06/2014 1:14:04 PM PDT by CSM
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To: RIghtwardHo

And what is the JBS’s proposed solution to the post-constitutional age we find ourselves living in?

“Vote for more conservative candidats!”

Yep, that’s been working out pretty good for the last 30 years.....Keep at it JBS, maybe some day they’ll realize that doing the same thing over and over and expecting different results is the definition of insanity....But, likely they won’t realize it until blood is being shed.


19 posted on 10/06/2014 1:16:41 PM PDT by CSM
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To: Resolute Conservative

In the end the only remedy may be a few states seceding. That of course will probably be an armed conflict.

We could propose an amendment that allows for a state to peacibly leave the union via a set of procedures that a state must follow in order to leave.

You know like how to handle the federal tax transition, the creation of a “nation state” using the state government inferastructure, how millitary assets are handled, how federal land within the borders if the state are handed back to the state, etc etc ....

One could draft a process for a state leaving that is completely reasonable and that wouldn’t lead to war that could be put as an amendment for future use in case a state really wants to leave the union.

One could argue that if the south had an actuall process they had to follow that the civil war could have very well been avoided. Because putting the letter of the law creates a border that prevents an “anything goes aproach” to state secession.


20 posted on 10/06/2014 1:17:42 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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