Posted on 06/25/2015 9:57:29 AM PDT by Hostage
THE SOLUTION
Now it is clear more than ever that the Federal Government needs to be checked BY THE PEOPLE AND THE STATES.
Neither morality nor common sense can be 'legislated' via Congress ***effectively***. It just cannot be done adequately.
We need our states to assert AS SOON AS POSSIBLE their Article V constitutional right to AMEND OUR US CONSTITUTION,
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.
To understand what must NOW be done will require us to think deep and to think of something that as Mark Levin says is a solution as big as the problem meaning a solution that gets its hands around the whole problem. And it has to be quick because time is of the essence.
We should first take note to understand the following:
(1) It takes 3/4s of states presently equal to 38 states to ratify a proposed amendment to the US Constitution thereby making the amendment a part of the US Constitution.
(2) THE MAIN REALITY: THE STATES HAVE NO POWER BEFORE THE FEDERAL GOVERNMENT.
Now some may think ... but Congress can amend the Constitution. Think about this. Will the present makeup of Congress amend anything to express the Will of the People? The answer is absolutely not, they wont even get it into a committee.
Think about it some more in terms of the 10th Amendment. Is the 10th Amendment respected, observed, utilized? No, it is not. It has been subordinated by other amendments or ignored altogether.
Repeat the main reality:
THE STATES HAVE NO POWER BEFORE THE FEDERAL GOVERNMENT.
Understand why is this. Understand how this happened.
This lack of power is actually a loss of power as a direct result of the 17th Amendment extinguishing the power of state legislatures before Congress.
NOTE: the 16th, 17th and 18th Amendments were all from the year 1913. They were all a stain on the US Constitution and serve as a clear illustration of how knee-jerk reactions to problems and conflicts of the day result in disaster. We must avoid these types of 'knee-jerk' mistakes by ensuring our amendment is both broad and specific AND IN THE SPIRIT OF THE FOUNDERS.
THEREFORE, if WE THE PEOPLE through our state legislatures are to consider amending our US Constitution by asserting Article V, then we must be very careful, very thorough, and we must understand the CORE OF THE PROBLEM. We must not be 'all over the map'. We must be united. In all likelihood we only get one shot at this in our lifetime.
The root of the problem is the 17th Amendment. We can propose to repeal it and some very respected FREEPERS advocate for doing just that. But in my opinion repealing the 17th Amendment takes too long and is not necessary to solve the problem. Also the 17th is laden with emotional symbolism because it gave a power to vote to the people. In effect, to repeal it will launch a debate and war in society that will end up following so many directions that it will smother the entire reason of why we needed to do it in the first place; we risk the reason for the repeal to getting lost in the noise and being forgotten.
Lets look at the problem from a slightly different angle. If we cant get at the root of the problem, can we get at the core of the problem?
The answer is yes.
An illustration is needed that shows how the power of Article V can be unlocked by the States to restore federalism thereby restoring our liberty and saving our Republic. Note this illustration condenses several of Mark Levins suggested Liberty Amendments and incorporates valuable input from concerned Freepers.
************************************************
AMENDMENT XXVIII
To redress the balance of powers between the federal government and the states and to restore effective suffrage of state legislatures to Congress, the following amendment is proposed:
************************************************
Section 1. A Senator in Congress shall be subject to recall by their respective state legislature or by voter referendum in their respective state.
Section 2. Term limits for Senators in Congress shall be set by vote in their respective state legislatures but in no case shall be set less than twelve years nor more than eighteen years.
Section 3. Upon a majority vote in three-fifths of state legislatures, specific federal statutes, specific federal court decisions and specific executive directives of any form shall be repealed and made void. ************************************************
Section 3 of the above illustration puts an end to the social tyranny of the federal government. The 28th Amendment can survive as a predominant amendment of the US Constitution when voters and state legislatures unite to fight together.
WHAT MUST WE DO TODAY?
(1) Strongly recommend the following must-see video of Mark Levin be watched, consumed and studied:
https://www.youtube.com/watch?v=tdZuV8JnvvA
(2) Strongly recommend everyone to urge their respective state senators and state representatives, and the people that work for them, to view it also.
(3) Put it on your to-do list to find out who is your State Representative and who is your State Senator. Get their names, addresses and phone numbers. You will be astonished at how accessible and neighborly they can be.
(4) Sign up here as soon as possible:
http://www.conventionofstates.com
That was exactly his position last time I spoke with him. I will definitely give him this. Thanks.
However, the amendment proposals I'm seeing thus far would still preclude that write in candidate from actually taking office, thereby effectively restricting freedom of speech.
the repeal of the 17th
Yowza! Will be pretty awesome watching cronies appoint cronies, huh? Lol. Virginia, meet your NEW SENATOR, Eric Cantor!!!! LMAO!!!
EXACTLY!!!! So the answer is to change the rules. Lol. Just goes to show that Conservative DO, in fact, support big government, so long as it's THEIR big government!
So far it seems to me that opposition to Article V boils down to about four objections:5. I no longer give a s*** if it works, because I believe mankind is a disease that must be eliminated from the galaxy.
1. It won't work -so don't bother trying.
2. It won't work, even if it does work, because "they" will undo it, ignore it, or somehow overrule it, so don't bother trying.
3. It will work, but don't try it because it will work only for the other side.
4. No opinion on whether it will work or will not work, but the Constitution we have is just fine so the solution offered by the Constitution itself in Article V should be ignored in favor of redoubling our efforts and doing more of the same every election cycle because this time we will get different results.
Which category are you in?
I would settle for just a repeal of the 17th. Here's why.
1. States appoint a Senator when their next seat comes due. what will the current incumbent do? Refuse to leave? Barricade himself in his office when the new Senator arrives? will the Senate refuse to seat the newly appointed Senator because they are "buddies" with the former Senator?
2. A challenge will be between what parties? Current Senators vs. their states? The "federal government" vs. individual states? What if some states choose to keep popular elections and others choose to appoint? Who gets sued, only those that choose to appoint? On what grounds?
-PJ
Meanwhile, here is that old post which asks that same question:
Nathan Bedford's first Maxim of the American Constitution:
The Constitution has become so distorted in interpretation and application that it has become at best ineffective in protecting liberty and at worst an instrument inflicting tyranny.
Nathan Bedford's second Maxim of the American Constitution:
The American Constitution is being amended everyday without the consent of the governed.
In order to believe that a Convention of the States presents a greater threat to liberty than our current state of politics one must believe:
1. The Constitution is not being amended by three women in black robes +1 liberal in black robes +1 swing vote on a case by case basis.
2. The Constitution is not being amended at the caprice of the president by executive order.
3. The Constitution is not being amended at the caprice of the president when he chooses which laws he will "faithfully" execute.
4. The Constitution is not being amended daily by regulation done by an unaccountable bureaucracy.
5. The Constitution is not being amended by simply being ignored.
6. The Constitution is not being amended by international treaty.
7. The Constitution is not being amended by Executive Order creating treaty powers depriving citizens of liberty as codified in the Bill of Rights.
8. The Constitution is not being amended by international bureaucracies such as, UN, GATT, World Bank, etc.
9. The Constitution is not being amended by the Federal Reserve Bank without reference to the will of the people.
10. The federal government under our current "constitutional" regime has so containing the debt.
11. The national debt of the United States is sustainable and will not cause the American constitutional system and our economy to crash and with them our representative democracy, the rule of law, and the Constitution, such as it is, itself.
12. The Republican Party, presuming it gains a majority in the House and the Senate and gains the White House, will now do what is failed to do even under Ronald Reagan and George W. Bush and balance the budget, reduce the debt, stop regulating, reform the tax system, end crony capitalism, appoint judges who will not betray us and, finally, listen to the people.
13. That a runaway Convention of the States will occur, that it will persuade the delegates from conservative states, that it will be ratified by three quarters of the states' legislatures among whom conservatives control a majority, and the end result will somehow be worse than what we have now.
14. If we do nothing everything will be fine; if we keep doing what we have been doing everything will be fine; we have all the time in the world.
You seem to confuse my local state rep with someone in DC... My local state rep is a PART-TIME legislator who lives in my community and deals with the crap DC pushes down on all of us...
You must not be doing a very good job of vetting your local state rep... You know, that guy you want to vote for the rest of your life... That’s how cronies are created...
Who is advocating doing nothing? I think that, in all reality, we all generally agree on the problems, we just differ on the solutions.
STILL cannot take you anywhere!
Amendment 28 of the main post is really different from all other amendments as it gives the States and the people of the States power over their US Senators, and it gives power to a unity of 3/5’s of States or 30 States to roll back anything the federal government and courts throw at states and their people.
There is no dependence on any federal level body to observe Amendment 28 and there is no consequence to States when federal entities violate provisions of Amendment 28 because the States are in complete control.
30 states can choose to ignore whatever the federal government in all its manifestations throws at them. And the federal government has no recourse if 30 states vote to void and repeal federal dictates. In other words, the federal government would have no constitutional authority to oppose a voiding and repealing act of 30 states.
Amendment 28 restores and strengthens a much needed check on the federal government that was lost completely with the 17th Amendment.
You are still operating under the illusion that we still have a Constitution and the Rule of Law exists in this country.
It doesn’t.
The Oligarchy and it’s Dictator can and will simply find ways to render the will of the people null and void under the color of law, under the color of fairness, under the color of race and under the color of ‘democracy’.
You cannot restrain tyrants via civil means. I do not know why everyone keeps falling back on the next big political savior or legislation that will save us and restore us.
We are past the point of arresting this tyranny by civil means. Doing so dimly buys the enemy time to entrench themselves and prepare what they have intended to do to their political enemies from the beginning.
WHOO HOOO!
Cool! Then jump over to my profile page and take a read. In summary, I suggest we start acting like the Founders envisioned: Like REAL PATRIOTS, willing to sacrifice all for the sake of our posterity. Are you ready? Or, like most, do you want to once again push away personal responsibility and hand it to the government?
These fruit cakes are trying to bring in the NWO with everything they have in them. They just don’t understand that the utopia that they are looking for does not exist and according to America2050.org and Agenda21, who told them they will be around? Come quickly Lord Jesus, come!
Which category are you in?
5. We need to do it because it is one of the last peaceful solutions left to us, and even if we pass some “liberty amendments” and fed gov ignores them, it was still worth it as we then have Complete justification to try to leave the union peacefully if they let us or violently if they continue to abuse us. And if war does come of it, then we will have the “High Moral ground” vs FedGov who would have ignored the amendments passed by the states.
Amendments that turn the Constitution upside down are not going to be passed.You mean by repealing existing amendments...like the 17th?
Mr. Laz will never realize a chance of seeing his vision materialize; not because he will be dead as will we all, but because for example the Klingons of Alfa-Centauri are siad to be a far worse disease than human beings.
Therefore Mr. Laz will need to revise his plan to destroy the entire universe just to be sure.
But let’s focus on Amendment 28 for the time being, shall we gentlemen? Ladies? Trannies? Klingons?
So they designed a Constitution for a federal government with separation of powers, checks and balances, a Bill of Rights etc. Oh, incidentally, they also devised a Constitution with a method of amending it if it was shown to be inadequate to cope with the people's potential lack of virtue-it is found in the Constitution in Article V.
I joined with you in exhorting the people to be more virtuous, I also ask you to join with me and availing ourselves of the remedies provided for by the founders to cope with human foibles.
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