Posted on 10/06/2014 12:35:51 PM PDT by Whenifhow
This speech was presented to Campaign For Liberty – Memphis on March 24, 2014. It exposes some of the false claims made by those pushing for the so-called “convention of states”. 1
https://vimeo.com/107933176
Below are hyperlinks to the exhibits referred to in the speech. Additional resources are also included.
The one page Chart which illustrates our Declaration, Constitution, and federal system is HERE.
The Congressional Research Service (CRS) Report 2 cited in the speech was dated March 7, 2014. CRS’s revised Report, dated April 11, 2014, is HERE. The Report exposes as false the assurances that the States would be in control of a convention. The Report says:
“First, Article V delegates important and exclusive authority over the amendment process to Congress…” (page 4)
“Second . . . Congress has traditionally laid claim to broad responsibilities in connection with a convention, including . . . (4) determining the number and selection process for its delegates; (5) setting internal convention procedures, including formulae for allocation of votes among the states; . . .” (page 4) 3
“. . . [In previous bills filed in Congress] [a]pportionment of convention delegates among the states was generally set at the formula provided for the electoral college, with each state assigned a number equal to its combined Senate and House delegations. Some bills included the District of Columbia, assigning it three delegates, but others did not include the federal district. . .” (page 37; see also page 41)
“. . . A related question concerns vote allocation in an Article V Convention. Would delegates vote per capita, or would each state cast a single vote, during the convention’s deliberations, and on the final question of proposing amendments?. . .” [then follows a discussion of different views on this undecided issue] (page 41)
“Article V itself is silent on membership in an Article V Convention, so it is arguable that Congress, in summoning a convention to consider amendments, might choose to include the District of Columbia and U.S. territories as either full members at a convention, or possibly as observers. As noted previously, some versions of the Article V Convention procedures bills introduced in the late 20th century did provide for delegates representing the District of Columbia, although not for U.S. territories . . .” (page 42)
Page 40 of the Report shows there doesn’t seem to be any:
“. . . constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention. . . ”
So! As the CRS Report states on page 27:
“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”
Do you see? But by then, it will be too late to stop it. HERE is former US Supreme Court Chief Justice Warren Burger’s letter confirming this. 4
The text of the “parental rights” amendment is HERE. For a discussion showing how Michael Farris’ proposed amendment delegates power over children to the federal and State governments, go HERE and HERE.
To see how six of Mark Levin’s so-called “liberty amendments” do the opposite of what he claims, go HERE.
To see – on one page – proof of the original intents of the “interstate commerce”, “general welfare”, and “necessary and proper” clauses, go HERE.
The proponents of a convention portray the States as victims of federal tyranny. But the Truth is that the States voluntarily surrendered their retained powers, and the natural rights of The People, TO the federal government. And they did it for federal funds. Today, States get from 20% (Alaska) to 45.3% (Mississippi) of their State budgets from the federal government. State governments don’t want to rein in the feds! The people who run your State will do anything to keep their federal funds. HERE is the Pew Report.
Our Framers – those who actually signed the Constitution – NEVER said the purpose of amendments is to rein in the feds if they usurp powers. What they actually said is:
the novelty & difficulty of the experiment requires periodical revision (Mr. Gerry at the federal convention on June 5, 1787); amendments remedy defects in the Constitution (Hamilton at the federal convention on Sep. 10, 1787); useful amendments would address the “organization of the government, not … the mass of its powers” (Federalist No. 85, 13th para); and “amendment of errors” & “useful alterations” would be suggested by experience (Federalist No. 43 at 8.) HERE are the Articles of Confederation. Note that Art. XIII required approval of amendments by every State.
HERE is the Resolution, made by the Continental Congress on February 21, 1787 (p 71-74), to call a convention to be held at Philadelphia:
“…for the sole and express purpose of revising the Articles of Confederation”.
HERE is James Madison’s letter of Nov. 2, 1788 to Turberville. Copy it to word processing, make paragraph breaks, & highlight it. Madison NEVER supported the convention method of amending our Constitution.
HERE is Joe Wolverton’s article about the Socialists’ involvement in the push for a convention.
HERE is the Constitution for the Newstates of America. Article XII addresses ratification by a referendum called by the President. Read HERE about the proposed Constitution for the New Socialist Republic in North America. Read them and see what is being planned for you.
HERE is the screen shot of Jordan Sillars’ comment approving the re-writing of our Constitution.
For Q’s & A’s on this issue, go HERE.
Endnotes:
1 There is no such thing as a “convention of states” to propose amendments. The term is a marketing gimmick used by proponents of an Article V convention to manipulate people into believing that the States would control an Article V convention – from start to finish.
Article V, US Constitution, provides two methods for proposing amendments to the Constitution:
Congress proposes amendments and submits them to the States for ratification [the method we used for our existing 27 Amendments]; or Congress calls a convention for the purpose of proposing amendments [for good reason, we have never used this method]. 2 Even though we have never had an Article V convention; Congress has examined procedures for “calling” a convention so as to be ready if the need arises. The CRS Report proves that Congress has historically viewed its powers respecting “calling” a convention as exclusive and extensive. I thank Robert Brown for bringing the CRS Report to my attention.
3 The position Congress has historically taken in this regard is totally consistent with Article I, Sec. 8, last clause, which delegates to Congress power to make all laws “necessary and proper” to carry out the power vested in Congress at Art. V to “call” the convention.
4 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. . .”
The federal convention of 1787, which was called by the Continental Congress “for the sole and express purpose of revising the Articles of Confederation”, should serve as a warning: The delegates to the 1787 convention ignored their instructions from the Continental Congress [and from their States]; ignored Art. XIII of the Articles of Confederation which required the States to obey Congress on matters covered by the Articles, and wrote an entirely NEW Constitution with a NEW method of ratification which required only 9 of the 13 States for ratification. PH
That’s right, they could do just about anything they wanted to, but I am with Mark on this.
If we do nothing, we have lost the country anyway.
It’s time to correct some past mistakes as well as insure our future.
If we can’t do that for fear of the left or what the left might be able to do at a C-Convention Then we can do nothing, which is what we are doing right now..or can do right now..
I lieu of that, I think succession and another civil war would be the logical progression. Our venerable Constitution has been eroded over time. The words may be the same but the interpretation has changed and is changing still. Just as Stalin once said about Democracy, “it’s not the votes that count, it’s the people who count the votes.”
In this same way, the powers granted by the Constitution to the States and the Federal Government have essentially flipped with most of the power wielded by the Feds. It is our courts who have assisted with that, aided by the executive branch, and our Congress.
How do you restore that balance? If the Congress can’t or won’t do it for political reasons, then the people must try to rebalance the government Constitutionally and to reset the interpretations in writing, with a eye toward preventing it from occurring again.
Doing so should throw all the precedents out, starting the slate clean. If that does not work...then we can burn it..
Just my two cents...
Save your righteous indignation. You're late to the game.
Those of us whom you are chastising have been debating this for some time now. Search FR from Google using relevant terms and see for yourself.
It is you who is noise right now.
-PJ
Yes, and I look forward to it. Huldah’s misrepresentation of our constitutional and earlier history is especially irksome. As C210N said, the same opponents trot out the same JBS errors every time.
Fear not. Mark Levin told us last week that he has teamed up with other brilliant and talented men to take get our movement back on track. It is our last hope.
For safer borders too.
And for a new elected body whose only job is to initiate spending cuts and mandate debates if congress tries to veto them.
For more state power regarding education and law enforcement innovations. [Maybe give congress veto power after sufficient debates rake over establishment congress critters.]
For a mandatory debate system that puts nutty professors and activist judges on the hot plate.
And YES — for banning any redefinitions of MARRIAGE! [God willing, I'll flesh out these ideas more after this important election.]
I used to be somewhat intrigued by the JBS publications, then the Art V discussion started and I have been enlightened to their lunacy.
Part of the problem might be their complete Sanity when it comes to Common Core - I participated in one of their events discussing it, and it was on the money. Similar with 2A issues. Unreal how they jump the tracks with Art-V... COMPLETELY. I can’t fathom how they can revere the Constitution, but go off the deep end in scorn using the very document they revere to rein-in the leviathan.
I call it like it is. I’m sorry if that offends some people. I have been following Mark Levin for over 10 years now but it is not a matter of believing in Mark Levin - it is a matter of believing in the rule of law. Mark would agree with that. It is not about someone - it is about our constitution. Are you prepared to get involved at the state level to support the Article V movement? I am prepared with the facts but when someone uses scare tactics in lieu of the facts, I have to call it for what it is. And that, my friend, is what Mark Levin would do.
it is a matter of believing in the rule of law.
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absolutely - this is what Mark Levin stands for
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I am prepared with the facts but when someone uses scare tactics in lieu of the facts, but when someone uses scare tactics
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Glad you are prepared and there were no “scare tactics used” simply by posting an article and inviting discussion.
That’s your opinion and we are all entitled to our own opinions, right?
Nice to see somebody’s got it right.
FR is a freedom-loving, big-government-hating, conservative site right?
If so many on this site are confused about the fight for freedom, what kind of trouble is America in?
Amen to that. .
The longer we wait, the bigger the risk of secession or outright civil war. Spread the word and pass them on to your email list.
Convention of States - Alabama Way to go Alabama! A good introduction.
'Convention of states' to rein in government? Another great summary explanation.
The Case for an Article V. Convention. Fantastic explanation of Article V convention to the Mass State Legislature.
I would recommend watching the above three videos first and then:
Convention of States Lots of information here.
Article V Project to Restore Liberty Another good source.
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
Mark Levin Article V, Liberty Amendments youtube video hub
Three hour video of C-Span interview with Mark Levin
Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.
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
Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th!
Article V Convention: Path of Least Resistance by Robert Berry
The Final Constitutional Option
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. Both from Here.
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.
Dear [State Legislator],
As a resident of your district, I urge you to take action to restore meaningful constitutional limits on the federal government.
Article V of the U.S. Constitution gives state legislatures the power to act as a final check on the abuse of power in Washington, D.C. Under Article V, state legislatures have authority to hold a limited convention that can propose much-needed amendments to our Constitution. Once 34 states pass a resolution applying for such a convention, Congress must call one.
I support the approach adopted by the Convention of States Project and I want to see our state become one of the necessary 34 states to pass their model application.
A copy of the Convention of States model resolution is available by clicking here.
A copy of the Convention of States handbook, which briefly describes the Article V process and the Convention of States Project strategy, is available here.
Please support the Convention of States Project and consider sponsoring the resolution in our state.
Thank you for your time and your service to the people of our district.
Respectfully, [Your Name]
Please take a minute and send this to your state legislators. Their contact info here, State Legislative Websites
They ignore the Constitution now so how will new amendments be enforced?
We currently have a flexable Constitution since we allow Federal Judges to set new precedent and the Supreme Court refuses to review their unconstitutional decisions, thereby effectively amending the Constitution by fiat.
If we learned anything from the last election it is that no one gives a shite anymore, whether they won because the people are now socialist or by fraud no longer matters, because the GOPe has said nothing.
We will have a change, I believe only as a result of war or a monetary collapse. I used to have some hope that Governors would actually exercise the power of their offices but now see that as wishful thinking.
Pray for our Republic while you still can.
And whatever tehy come up with will need to be ratified.
"I do not believe I am alone in believing an Article V Con Con will not restore anything but will only serve to further erode our liberties and hand even more power to the tyrant class."And doing nothing will accomplish what?
"I know, 2/3 of states have to ratify any changes to the constitution."No, 3/4ths. That's 38 out of 50.
"Consider, the oligarchs are not about to relinquish back to the people any of their ill gotten tyrannical advances."The left is already holding their "Con-Con". What do you propose to do about it?
"The problem with resorting to violence before exhausting peaceful approaches is that the violent approach will not have enough followers to get anywhere."You are preaching to the choir, sir.
If only there weren’t all these sour notes.
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