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House passes Article V rule change
conventionofstates.com copied onto conservativebyte.com ^ | January 9, 2015 | Posted by Anne Reiner

Posted on 01/09/2015 1:14:34 PM PST by dontreadthis

Edited on 01/09/2015 2:38:17 PM PST by Admin Moderator. [history]

Article V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

You can bet there will be a fight as we get closer to a Convention of States. Check it out:

Rep. Steve Stivers’ (R-OH) amendment to the House Rules passed by a vote on the House Floor this week, according to a press release published by Rep. Stivers’ office. The rule will provide a system with which to track, count, and organize Article V applications to Congress.

“I am pleased my colleagues supported my addition to the House Rules this week,” Stivers said. “I believe a Balanced Budget Amendment is the only way to stop out-of-control government spending. I hope the passage of this rule will put us one step closer to fiscal responsibility and the inclusion of the BBA in the United States Constitution.”

Rep. Stivers’ press release went on to explain the rule in detail:

“Specifically, the rule creates a process for the intake of the petitions through the Chairman of the Judiciary Committee and gives the Clerk’s Office the responsibility of making the petitions electronically available and organized by the subject, state of origin and year of receipt. This will allow Congress, as well as the American people, to better track the progress of specific Article V efforts. Prior to Stivers’ rule update, no formal process for cataloging the petitions existed.”


TOPICS: Constitution/Conservatism
KEYWORDS: 114th; articlev; conventionofstates
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To: Little Ray
Fair Tax.

It's better than the current system, but the "prebate" scares me, because that is determined by Congress and opens the door to the same crap we have now. The flat tax closes that door.

21 posted on 01/09/2015 1:55:55 PM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: CodeToad
Income tax is slavery. There is nothing voluntary about it.

Harry Reid says it's voluntary:

https://www.youtube.com/watch?v=R7mRSI8yWwg

Prior to 1913, the gov't ran on taxes on imports. You don't think those costs are passed on to consumers?

I'm still waiting for your solution to funding the necessary functions of gov't. It's fine to complain, but without an alternative, your position is specious.

22 posted on 01/09/2015 2:00:57 PM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: econjack

Do not like the prebate either, but it is there to stifle the “balance the budget on the backs of the poor” argument.


23 posted on 01/09/2015 2:02:33 PM PST by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: TexasGator
How about getting the number of votes proportioned to the income taxes you pay

Neal Boortz has that position and graduates it by $10,000 per vote. However, he caps it at 5 votes.

24 posted on 01/09/2015 2:02:53 PM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: dontreadthis

The House and Senate ought pass a rule that allows a presidential override by majority vote.


25 posted on 01/09/2015 2:03:48 PM PST by Labyrinthos
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To: Ohioan

That position died when they figured out that made the tax regressive. A proportional tax is what I think is fair. Once you start allowing ANY deductions, it becomes progressive. I want a tax function that’s a straight line and passes through the origin.


26 posted on 01/09/2015 2:05:46 PM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: dontreadthis
Thanks much for the ping. Color me just somewhat skeptical of the rule change. I suspect skullduggery. I hope I'm wrong.

Prior to Stivers’ rule update, no formal process for cataloging the petitions existed.” AFAIK, the Archivist of the United States is the depository for state submissions such as electoral votes and Article V applications.

A written request or phone call from the House Judiciary Committee to the Archivist for the number of applications is all that is needed.

I look forward to viewing the applications as promised online.

27 posted on 01/09/2015 2:05:47 PM PST by Jacquerie (Article V. If not now, when?)
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To: econjack

Charles Beard was pretty much a communist. Consumption tax is better than income tax.


28 posted on 01/09/2015 2:08:02 PM PST by ClearCase_guy ("Hey, I don't appreciate your lack of sarcasm.")
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To: Little Ray

With the exception of the truly disabled, most poor people are poor because of bad decisions and that makes it their problem, not mine. If the gov’t designed programs that were geared to lifting the poor out of poverty through training and education, I’d support it. But free cell phones for deadbeats just pisses me off.


29 posted on 01/09/2015 2:08:24 PM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: Repeal The 17th
Amen bro':

Congress’ Present Duty to Call a Convention:

Part I
Part II
Part III
Part IV
Part V
Part VI

30 posted on 01/09/2015 2:10:03 PM PST by Jacquerie (Article V. If not now, when?)
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To: dontreadthis

Now this is Huge!

Perhaps the single most important story of the year short of convention itself.


31 posted on 01/09/2015 2:12:08 PM PST by Monorprise
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To: econjack

Same here.
But the FairTax.org folks are trying to deal with political reality.
Although reality seems to be that the tax code gives the Feds so much power that they will never give it up.


32 posted on 01/09/2015 2:13:56 PM PST by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: ClearCase_guy
Yeah, Charles Beard employed the usual ad hominem attacks so typical of progs to this day.
33 posted on 01/09/2015 2:29:04 PM PST by Jacquerie (Article V. If not now, when?)
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To: Labyrinthos

“The House and Senate ought pass a rule that allows a presidential override by majority vote.”

That really doesn’t make any sense. the president has noting whatsoever to do with the Convention process. Even the US house and Senate have no real role.

“on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments”

At most the house simply ‘needs’ to keep track of the petitions in order to know when to call a Convention. Even the Federal employees in black robes have recognized that Congress’s role if any is strictly a formality.

This is the one thing they haven’t been doing for the last 200 years, that is why counting is soo critical, even more so that they intend to do so officially online. So that we the people and our States may see how they are actually counting or not counting the petitions.

This is huge! Its very difficult to understate how important this mere rule is, although nobody outside of our states seems to have yet realizes it.

We are now firmly and perhaps irretrievably on the path toward Constitutional Convention. The circulation of a revolution that has taken place in the grass roots of Constitutional conservatism at the State level where it matters.

The next step is paying attention to that site and carefully scrutinizing how they count the petitions of our States, in light of the Constitutional ambiguity of Article 5 which says nothing whatsoever about the Contents of said petitions.

This is important because already even before the latest state level Revolution in the last 6 years There were already petitions for a 2nd Constitutional Convention filed by 48 of the 50 States over the last 100 years. All of which have so far fallen upon Congress’s Deaf ears.

This is why even still Our State legislators may very well have to start counting the petitions themselves, while also threatening to organizing the Convention themselves on a particular date among those States willing.

Remember not every state must attend, Rhode Island for example did not attend the Convention of 1787, and indeed it would be very much preferable to our cause of liberty that they and many other liberal states ‘miss’/boycott this one as well.

So you can see this is a fantastic position for us and our State legislators to be in.

Now all we have to do is watch this number carefully and publicly dispute its inaccurate count, while threatening to organize a convention ourselves on the basis of those calls which have already been made or are being made. Congress will probably fall in line knowing we have the power and legitimacy to create a real Constitutional Crisis should they refuse to do their job because is it never was their job to start with, it was ours.


34 posted on 01/09/2015 2:38:36 PM PST by Monorprise
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To: econjack

Charles Beard was a socialist and progressive historian with an agenda. Clearly not speaking from what the founders wrote or said. Also, I don’t think people here are against funding the valid functions of government as enumerated in the Constitution and ratified by the states—does not include Obamacare, EPA, HHS TSA welfare, unbridled immigration and on and on.


35 posted on 01/09/2015 2:44:28 PM PST by Iron Mike
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To: Jacquerie
There is a reason for this change. The Archivist isn't required to communicate with Congress until the two-thirds threshold is reached. If the petitions begin to stack up, Congress won't know this from the Archivist's standard procedures. Congress doesn't want to get blindsided the way it did with the ratification of the 27th Amendment.

The idea is to have the Clerk of the House maintain the count so that Congress can stay on top of just how close they are to having to call a convention. The rule here is "No more surprises."

36 posted on 01/09/2015 2:52:06 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: 5thGenTexan; AllAmericanGirl44; Amagi; Art in Idaho; Arthur Wildfire! March; Arthur McGowan; ...

37 posted on 01/09/2015 2:53:51 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: dontreadthis

This will allow Congress to keep track of any Article Vs. No rule or formal process existed, because no Article V Convention has ever been requested under the current Constitution.

So, why the need for a Congressional method of tracking?

==

The only involvement Congress has is to call for a convention if/when 2/3 (34) state legislatures request one.

==

I am suspicious of Rep. Stivers’ real intentions. The Congressional elites of both parties will definitely try every trick to stop any Article V -- that they do no have control over.
38 posted on 01/09/2015 2:54:04 PM PST by TomGuy
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To: econjack

Agreed. Flat tax is better than opening another Pandora’s box of more government intervention with the “Fair Tax” (a name I despise).


39 posted on 01/09/2015 2:58:35 PM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: TomGuy

See Post #36.


40 posted on 01/09/2015 2:58:53 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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