Posted on 04/09/2015 6:06:21 AM PDT by cotton1706
A group of Kansas lawmakers are pushing for the state to join 33 others in calling for an Article V convention to amend the U.S. Constitution.
Legislation calling for the convention has passed out of the state House Federal and State Affairs Committee and is pending before the full House. The bill is part of a growing national movement for a state called convention, which would be a first in American history. Article V of the U.S. Constitution gives two-thirds of the states the ability to call for such a convention, with any amendments being subject to ratification by three-quarters of the states. The Article V convention movement has grown in recent years, receiving bipartisan support among state legislators, who argue that states need to place a check on the federal government, while opponents express fear of a “runaway convention” that could completely overhaul the constitution.
“I believe that most people don’t know about. When I was coming up through school Article V was something we looked at but it was skipped over,” Rep. Kevin Jones (R-Wellsville) told The Celock Report. “I didn’t know that Article V was an opportunity until it was talked about. Every state, anybody who believes in state sovereignty or believes strongly in their own state, should see it as a viable option or having a say at a national level. We are the United States and each state should have a voice. When the federal government has so much power much to depriving state’s of sovereignty.”
(Excerpt) Read more at johncelock.com ...
Ping
Repeal the 16th and the 17th Amendments to the U.S. Constitution, then add a balanced budget amendment that requires two thirds majority to raise taxes and a simple majority to lower taxes.
Switzerland has a constitution very similar to ours. One major difference is that tax increases have to be approved by the people.
The fear of a “runaway convention” is just that, fear only. Three fourths of the states still have to ratify any amendments.
And yet he's an elected official...this, my FRiend, is one of the biggest problems we face today. This guy took an oath of office, did he not? So he took an oath to support and defend something he has no idea what it actually says. Scary.
Seems to me I kept hearing this nonsense all the way through 2009, right up until Obamacare was signed. Then it was like, oh, well, maybe Obamacare CAN pass. The left wages political war far better than the right. The left also effectively uses emotion to sway hearts and minds, far better than we on the right do. I keep hearing that, because the amendments would require 3/4's for ratification, it would be nearly impossible for the left to get any of their proposals passed. I think anyone who truly believes that, with all due respects, if kinda fruit loops.
Well you can guarantee that the path we are on will not deviate significantly and there is a huge cliff looming ahead.
Agreed. Something must be done. Whatever that something is, I believe it's going to get a whole lot uglier before it gets better, IF it gets better.
The election and installation of an ineligible President voids the US Constitution. The Eligibility Clause describes an ineligible person for the Office of the President of the United States. The US government is not constitutionally authorized to prevent the American people from electing an ineligible President and voiding the US Constitution.
The three branches of government are servants of the people and the states. Electing and installing an ineligible President is one way to fire the US government for incompetence. Government employees are reluctant, to say the least, to accept responsibility for their failure and refuse to leave office or recognize the US Constitution has been voided by the installation of an ineligible President.
There is nothing wrong with the Constitution per se. Even the ill-conceived 17th Amendment (17A) is ok if citizens were being taught about the federal government’s constitutionally limited powers. But let’s repeal that amendment anyway.
The states need the constitutionally authority to remove bad-apple federal lawmakers and justices from office. So the amendment to repeal 17A should include provisions for recalling representatives, senators and justices.
Citizens should be able to recall representatives. State lawmakers can recall their respective Senators.
And since the Senate cannot be trusted to work with the House to remove bad-apple justices or lawless presidents from office, or to likewise work with the House to override unreasonable presidential vetoes, state lawmakers should be not only be able to recall their state’s senators, but also have the power to remove ANY senator, justice or president on a 2/3 state majority vote.
The 17A repeal amendment also needs to give the legal majority voters of a given state the power to approve of state laws for recalling bad-apple state government leaders since existing state laws for recalling such leaders are rumored to actually protect such leaders.
I agree that repealing 16 and 17 would fix most if not all our problems, but a balanced budget amendment will do absolutely NOTHING if the Federal Government can borrow all the money it needs from the Federal Reserve Corporation created by Government.
Oh.
There is nothing in the constitution that remotely requires same subject applications. In fact, the historic record as well as the wording of Article V clearly puts the state convention in charge of proposing amendments.
Congress’ Present Duty to Call a Convention:
“Jones said he has heard the arguments against the plan and sees the states being able to block amendments during the ratification process. Jones noted that since state legislatures would appoint delegates to a convention, they could exercise control over their actions. If a representative goes off the deep end, the state can pull them,” Jones said. There are so many safeguards in place that there can’t be a runaway convention.”
Meanwhile, we are told by the Uniparty to just keep voting. No thanks.
The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The National Archives was established as an independent federal agency by Congress on April 1, 1985.
The Archivist is appointed by the President and is responsible for safeguarding and making available for study all the permanently valuable records of the federal government, including the original Declaration of Independence, Constitution and Bill of Rights.
Under Public Law No. 98-497, the Archivist also must maintain custody of state ratifications of amendments to the Constitution and it is the Archivist’s duty to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution if the legislatures of at least three-quarters of the states approve the proposed amendment. The Amendment and its certificate of ratification are then published in the Federal Register and the amendment is included in the United States Statutes at Large.
Appointments by an ineligible President are void as a violation of the Appointments Clause by a sitting President holding the office in violation of the Eligibility Clause. The actions of an individual appointed by an ineligible President are voided. All federal documents held in trust as evidence of law by an Archivist appointed by an ineligible President are voided. The Archivist holds the original US Constitution in trust as evidence of law. An Archivist appointed by an ineligible President voids the US Constitution.
To summarize from a previous post by Grace G, I see it as:
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 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. .
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. We now have 30 working on it. Amendments are proposed and voted on at the convention. Each Amendment must be ratified by ¾ 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!
Rep. Bill Taylor introduces a Convention of States
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.
Call a Convention A call for a Convention of States
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
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.
Mark Levin’s “Liberty Amendments” Sean Hannity Special
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
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!
Update: Convention of States by the numbers The current State count
Article V Handbook - for State Legislators An important resource.
**** 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.
Also 2/3 to borrow money and 2/3 to raise the debt ceiling.
Well said. Set a national sales tax at say 10% constitutionally and remove the authority for congress to legislate tax law. Allow one out, congress can raise taxes in a national emergency but three quarters of the stated mus approve the tax hike. The tax hike sunsets in five years or at the end of the national emergency, whichever comes first. This would go a very long way toward protecting us from the criminal congress. I would go a, bit farther but I could live with this. Now we just need to improve Articles II and III.
Well said. Empower the states.
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