Tag Archives: Article V Convention

Constitution Part 2. Article 2 – Article 7

Today we will deal with Article 2 – Article 7 Which Starts with The Executive Branch. 

Article II (Article 2 – Executive)

Section 1

1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows.

2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.8

4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

5: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

6: In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers andDuties of the said Office,9 the Same shall devolve on the VicePresident, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

7: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

8: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section 2

1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III (Article 3 – Judicial)

Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall haveappellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV (Article 4 – States’ Relations)

Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2

1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

3: No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.11

Section 3

1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within theJurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article V (Article 5 – Mode of Amendment)

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 ofthree 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.

Article VI (Article 6 – Prior Debts, National Supremacy, Oaths of Office)

1: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII (Article 7 – Ratification)

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word “the”, being interlined between the seventh and eight Lines of the first Page, The Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first Page. The Words “is tried” being interlined between the thirty second and thirty thirdLines of the first Page and the Word “the” being interlined between the forty third and forty fourth Lines of the second Page.

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

~Steve~
http://constitutionus.com/

Let's Go Over The Constitution A Little At A Time. New Feature.

Friends I think we all could use a refresher course on the Constitution, and the Bill Of Rights, and the rest of the Amendments. So I’ll be running a little bit each day so when we are arguing to save our Constitution we actually know what the hell we are talking about. OK?  
        ~Steve~

(Preamble)

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I (Article 1 – Legislative)

Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2

1: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.2  The actualEnumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed onefor every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolinafive, South Carolina five, and Georgia three.

4: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3

1: The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof,3 forsix Years; and each Senator shall have one Vote.

2: Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of thesecond Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.4

3: No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

5: The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

7: Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4

1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusingSenators.

2: The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December,5 unless they shall by Law appoint a different Day.

Section 5

1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with theConcurrence of two thirds, expel a Member.

3: Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

4: Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6

1: The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.6 They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

2: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7

1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

3: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8

1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

2: To borrow Money on the credit of the United States;

3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

7: To establish Post Offices and post Roads;

8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

9: To constitute Tribunals inferior to the supreme Court;

10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

13: To provide and maintain a Navy;

14: To make Rules for the Government and Regulation of the land and naval Forces;

15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powersvested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9

1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

3: No Bill of Attainder or ex post facto Law shall be passed.

4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.7

5: No Tax or Duty shall be laid on Articles exported from any State.

6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10

1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

This finishes Article 1 which deals with the Legislative branch. May I suggest we go over this for a day or two and see what is or not being followed.

~Steve~

http://constitutionus.com/

Article V Conventions, “No Labels,” Trump, and the Constitution: Who Do You Trust?

My Comments:  Breitbart has been pushing Carly Fiorina, and of course since Breitbart’s death, they have changed exponentially.  As for what The Donald said, he’s pretty spot on…we don’t want Planned Parenthood funded by our tax dollars.

BY MICHELLE HORSTMANN FOR FREEDOMOUTPOST.COM

As we have tried to present in the past, many of the coordinators of the various Article V Convention efforts are far from conservative. Although they present themselves as great, conservative defenders of freedom to conservative and Tea Party groups nationwide, their backgrounds and intermingling with far left groups tells a different story.

A fine example of this happened Monday morning at the No Labels Convention in New Hampshire, where candidates, including Donald Trump, were invited to speak. Breitbart News correctly identified the No Labels group with their headline, “Donald Trump Defends Tea Party to Left Leaning Crowd.” Trump was questioned by the crowd about the Tea Party, funding Planned Parenthood, and his stance on women. When he gave the following response, he was audibly booed by the crowd (via Breitbart):

“I love the Tea Party,” Trump responded when an audience member asked about his thoughts on the Tea Party and the House Freedom Caucus, as well as the possibility of a government shutdown over defunding Planned Parenthood.

“These are people in all fairness, these are people that love this country. They do love this country and they want the country to be great,” Trump defended. “They don’t want Planned Parenthood funded… I understand that.”

Clearly, this crowd is far from conservative and is made up of no fans of the Tea Party or conservative values; yet No Labels co-founder Mark McKinnon was a key part of the Compact for America movement for a Constitutional Convention. Please refer back to our 2014 article, where we illustrated just who Mark McKinnon was, along with other Article V proponents including Lawrence Lessig and Mark Meckler.

Those who are truly familiar with these people and the No Labels group certainly know them to be far from conservative. Rush Limbaugh has been onto them for years. This is a bit of how he described them on today’s radio show:

You know the No Labels group? The No Labels group is basically a bunch of Republican liberals. They are Republicans who don’t like conservatives, and they don’t want to be associated with conservatism. They want to be seen as intellectually elite, scholarly, superior, and they love being thought of as moderates.

They’re calling it the Problem Solvers convention. The No Labels Problem Solvers convention. The only problem they’ve ever solved is getting unemployed Republican strategists off the street. And that’s about it.

According to the Breitbart piece, Bryan McCormack would not attend for this reason:

Bryan McCormack, Executive Director at the Cornerstone Policy Research, a pro-family organization, said he didn’t attend due to the ideology of those attending.

“We at Cornerstone decided not attend the No Labels conference due to the overwhelmingly liberal subject matter. We have to start looking at these groups for what they are, an infiltration of conservative ideals under the guise of a collaborative spirit,” McCormack told Breitbart News.

This is but one example of many. As we have attempted to convey in article after article about the Article V Convention/ConCon crowd, many of these people are far from who they appear to be. If you cannot believe in who they are and what they stand for, than how can you accept their scholarship and recommendations when it could change the very foundation of our nation? You can’t.

 

A State Senator Makes His Case Against a Constitutional Convention

BY JOE WOLVERTON, II, J.D. FOR THE NEW AMERICAN MAGAZINE
A State Senator Makes His Case Against a Constitutional Convention

The Con of the Con Con: The Case Against the States Amending the U.S. Constitution, by Andy Biggs, Gilbert, Arizona: Free Man Press, 2014, 171 pages, paperback.
A seasoned veteran of the battle to protect the Constitution from those who would expose it to the dangers of a constitutional convention has just published a straightforward refutation of that proposal.
Andy Biggs, a state senator from Arizona and frequent foe of the con-con effort in the Grand Canyon State, is the author of The Con of the Con Con: The Case Against the States Amending the U.S. Constitution.
In 170 pages, Biggs exposes a dozen of the cons perpetrated by the pro-Article V convention crowd.
Each of these cons, Biggs argues, is rife with very risky and likely fatal flaws. Biggs believes the proponents of an Article V convention are so anxious to “do something” that they are willing to ignore these very clear and present dangers.
Article V of the Constitution establishes the methods of amending the Constitution:
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.
Biggs asserts that the forces behind the current con-con movement are purposefully pulling the wool over the eyes of their supporters by making them believe Article V is something that it is not: simple and safe.
The first of the cons exposed by Biggs is the (usually denied) belief espoused by con-con advocates that the Constitution is the root of the problem of federal overreach:
The position taken by Con-Con supporters implies that people simply don’t change unless directed. Indeed the natural conclusion is that they feel that the only way people change is by constraint. Thus, we need to change the structure; the Constitution. Con-Coners believe that we must change the Constitution in order to get the change we want.
True constitutionalists understand that the Constitution is not flawed, our enforcement of its provisions is, however.
The Constitution is our most valuable heirloom, and we can’t afford to expose it to the quick-fix repairs being offered in the name of “reining in the federal government.”
Instead, those of us committed to preserving, protecting, and defending our Constitution should begin devoting the time and attention necessary to the restoration of the powerful term limit control mechanisms included in the original design of the Constitution.
Biggs does an admirable job of informing Americans and the Article V advocates that we can take care of ourselves, and we can control the federal government, and we don’t need a constitutional convention to fix what we already have the power to restore.
Who is to blame for the precipitous decline in the adherence to constitutional principles? Biggs has a theory:
We are a self-governing society, or that’s what was intended. That means that the people are invested in America and how it is to operate. We must determine our government. We, the people, have ceded our governance over to an elite, who have abused us for over one hundred years. That cadre of rulers has built regimes, institutions, and infrastructure to support their positions of power. We have let them.
Americans are free no longer. We are no longer governed; we are ruled. In the current environment we cannot reasonably expect equal treatment before the law. Our right to succeed now comes with constraints imposed by a degenerate government elite.
Americans must reclaim the legacy of liberty bequeathed to them by the framers of our Constitution. We have the power, now we need the will. With our eyes firmly fixed on that noble goal, we can, Biggs believes, return the government to its constitutional moorings.
Biggs is no wide-eyed utopian, however. He recognizes that forcing the federal beast back inside its constitutional cage will not be easy. As a first step in pursuit of that worthwhile endeavor, Biggs advocates for a reinvigorated American electorate, willing and able to identify and elect trustworthy representatives:
It isn’t necessary to pass one, or a few or even many conservative amendments to the Constitution to rehabilitate the American idea. It is more imperative that we have leaders who will be true and faithful to their Oaths of Office. The American voter must become more vigilant and aggressive against governments’ ever increasing encroachments. Americans must seize the moral highroad. We must be good if we are to have good leaders.
Readers will see in Biggs’ suggestions a shift of obligation for rescuing the Republic away from the oligarchy currently in control of the federal government back to the ultimate sovereigns: the American people.
Rather than seeking to recover our liberty by placing new restrictions on federal power, Biggs recommends the re-enforcement of those restraints that already exist. In other words, Biggs promotes following, rather than fixing, the Constitution.
The bottom line is that when it comes to derailing the long train of federal abuses, Biggs trusts the people of the United States. “I believe that America’s salvation lies in two places,” he declares, “the people and the states.”
If those two forces could combine against the con-con promoters, the battle for freedom could be won.
The next con called out by Biggs is that of the misunderstanding of the details of the Article V process, a misunderstanding painstakingly promoted by the leaders of the con-con movement:
Even though much of the angst over the path of the United States is a result of Congressional action, the Constitution provides a role for Congress within the Article V amendment process. Other opportunities for mischief indicate that the difficulty of getting something just right out of the process is extremely unlikely. We ought to be discussing the likelihood of something just wrong emerging from the process that will accelerate our national dissolution. It is, unfortunately, a con that leaders in the Article V movement play down these issues. The con is the lack of transparency, or frankly, the lack of truth in explaining the parameters and pitfalls of the Article V process.
After reminding readers of the myriad dangers of this deception, Biggs launches into a full-throated warning about just how easily an Article V convention could be “hijacked”:
It isn’t the process itself that “could hijack the convention.” It is the delegates to that convention, and other people at any number of other points in the process, who may attempt to take over the Article V Process. But, the biggest problem with the statement is that it indicates that Article V is a simple process when in reality it is a difficult procedure with many points at which it can be commandeered by malevolent actors.
This particular misdirection, Biggs insists, is being carried out by the Compact for America (CFA) organization.
This con includes a promise that the process can be “pre-packaged” to obviate many of the risks otherwise inherent in the Article V amendment mechanism. Specifically, the Compact for America guarantees a convention that is controlled from beforehand, a convention attended by delegates unable to push the process down a destructive path.
Described by Nick Dranias — one of the chief promoters of the Compact for America — as analogous to a “house loan closing,” the various steps laid out in his proposal actually work together to construct a Trojan Horse.
Many state legislators determined to stand up to Washington would likely welcome the Compact for America and the state compact it offers as an ally in their battle. In fact, the CFA is so thorough that the state compact contains “all the legislation necessary for the Article V process to work.” Therein lies the principle defect of this program.
As harried and overworked as they are, not all state lawmakers legitimately enlisted in the war against federal despotism would understand that by joining the CFA they would also be agreeing to set in motion a constitutional convention that could quite possibly throw the baby of the Constitution out with the bathwater of out-of-control federal spending.
The bottom line is that the outcome of such a con-con could range from a textbook following of the CFA script for proposing a balanced budget amendment and nothing else, all the way to a runaway convention based on the right of the People in convention to revise their government when it becomes destructive of the ends of securing our God-given rights. This is the crux of the argument against convening an Article V con-con, no matter how loudly the proponents of such a convention assure us that they can limit the number of amendments and/or the content of the amendments that would be considered.
As the preceding prediction demonstrates and as Biggs so ably explains, the Article V convention process is heavy on questions, but light on answers. Biggs asks a couple of these questions, questions habitually dodged by the con-con congregation:
Do the potential benefits outweigh the potential costs; and 2) Will any amendment proposed by the Con-Con-ers produce the transformational change in America? The answer to both of those questions is no!
Another problem pointed out by Biggs is the identity of those who would be elected (or appointed) as delegates to an Article V convention. In his book, Biggs predicts that the same cast of characters who have committed the crimes against our Republic would likely be in control of a con-con. That would be catastrophic for our Constitution.
The fact is that determined citizens and state legislators could rescue the United States from its financial peril without resorting to opening up the Constitution to tinkering by governors [as proposed by the Compact for America] and a sprinkling of state-appointed delegates, many of whom would be bought and paid for by special interests and corporations.
Thomas Jefferson wrote: “If a nation expects to be ignorant and free … it expects what never was and never will be.” A fundamental requirement of vigilance is holding elected representatives’ feet to the fire by compelling them to honor their oath of office and not exceed the limits of their power as set forth in the Constitution.
Make no mistake, if the Constitution is opened up to the tinkering of these tinhorns, the moneyed interests will be present and their irresistible influence will shape the product of the Article V process.
Take a look around the country; one can see what a new constitution would look like. With the Supreme Court’s recent ruling forcing states to recognize gay “marriage” and another upholding the constitutionality of the legal plunder that is ObamaCare, there is no limit to the panoply of “rights” that would be pursued by the con-con 2.0 delegates.
Furthermore, balanced budget amendments (which overlook the fact that most of the spending is unconstitutional), term limit amendments, and the various “power to the people” amendments backed by the socialist wing of the Article V movement are all, in one way or another, contrary to the intent of the Founders and to the principles of liberty they enshrined in the Constitution.
Remember, no matter how “conservative” or “constitutional” a group or individual claims to be, if their proposed amendments change the basic structure of the Constitution or alter the delicate balance of power created by the Constitution, then you should realize that although their lips draw near to the Founders, their hearts are far from them.
Perhaps the principal theme of Biggs’ book is that the American people are the last and best hope for rescuing our Republic. If we expect things to change, we must stop relying on politicians and establishment elites to “fix” a Constitution that is not broken. In fact, these people are the prime perpetrators of the assaults on that sacred document.
Biggs calls on all of us to take up the burden of restoring the Constitution. His counsel reminds one of Benjamin Franklin’s warning that “it is in the region of ignorance that tyranny begins.” Biggs predicts:
As we actively work to educate and make system changes within our state electoral processes, we will see people elected who will be true to their oaths to adhere to the Constitution.
The Con of the Con Con is a powerful weapon in the arsenal of those fighting to enshrine the Constitution as the law of the land and to protect it from the multitude of threats lurking in the shadowy recesses of Article V.
Andy Biggs’ book not only fearlessly exposes the errors shamelessly committed by the con-con crowd, but it exposes the questions that that movement just can’t — or won’t — answer.

Big Governments Worst Nightmare – The Law

Jade Helm Death Squads – Stop them dead in their tracks!

by Roger Fredinburg

You have the power to Kill Jade Helm and any other idiotic anti-American unconstitutional garbage they throw at you any time you want.
Americans have been duped into thinking that Political activism or public protests are the answer – Not true!
Call all of the radio talk shows you want – Nothing will ever change! As National talk host for over 20 years, I can tell you from experience that we can clamor for change all we want. They are deaf to our agitating and on air rage and they could care less what we think. That’s only because they don’t fear you, as they should.
The only way to make them properly fear you and the best way to defeat them is by beating their @$$e$ in court!
Forget Lawyers! Getting a good lawyer, and being able to afford the cost has always been an impediment for the average American – No More!
Imagine if local Government officials were served with hundreds of lawsuits in a single day, targeting them personally for things like dereliction of duty, Professional negligence, accepting payment under false pretenses, Breach of Contract, Abuse of Public Authority, Civil mail fraud etc. They would FREAK!
The Plaintiffs might as an example – Demand that they immediately cancel an upcoming Unconstitutional activity – Like Jade Helm maybe?
If they refuse, let them have fun answering hundreds of lawsuits and properly filed complaints that are written correctly and designed to actually win in court.
They would most likely choose the wise path, end the actions and get on their knees to beg those hundreds of litigants to drop their collective lawsuits. I am fairly certain they would retreat vow to never screw the people again. I can think of dozens of topics we could use this for to stop these insidious power drunk public servants in their tracks – can’t you?
If you want your FREEDOM BACK – I recommend you carefully review this website: www.HowToWinInCourt.com/Win/Power
I am sure you will find a way to spread the word and help me take our country back! Thanks!

Roger Fredinburg
Radio Host / Advertising Executive
(GCNlive.com) (Newswithviews.com)

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Stop the Article V Con-Con of the States FRAUD

A 5 fraud

If you really want it fixed? Get off your BLEEP

Enemies on the Left, False Friends on the Right – Part 7

“There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.” James Madison, Speech to the Virginia Ratifying Convention, June 16, 1788 

American Legislative Exchange Council

Paul Weyrich also founded American Legislative Exchange Council.(ALEC) and was Director/President from 1975-1978. ALEC first came into being in 1973 in Chicago as the “Conservative Caucus of State Legislators.” In 1975, with the support of the American Conservative Union, ALEC registered as a federal non-profit agency. Through the corporate-funded American Legislative Exchange Council, global corporations and state politicians vote behind closed doors to try to rewrite state laws that govern your rights. These so-called “model bills” reach into almost every area of American life and, more often than not, directly benefit huge corporations.  In ALEC’s own words, corporations have “a VOICE and a VOTE” on specific changes to the law that are then proposed in your state, and sometimes in the federal legislature. 

The Madison Group, the predecessor to the State Policy Network (SPN – mini Heritage Foundation’s in each state), was “launched by ALEC,” and housed in the Chicago-based Heartland Institute, so says a 1991 report by the National Committee for Responsive Philanthropy (NCRP). Heartland is funded by the Koch brothers, David and Charles, the former being a member of the globalist Aspen Institute. Remember Aspen Institute’s Director was none other than Maurice Strong, author and promoter of UN Agenda 21. NCRP also reported that the Madison Group’s annual meeting was, at that time, “sponsored by Heritage Foundation and the Free Congress Foundation,” which was led by Paul Weyrich.

The NCRP report also notes that ALEC was then “housed in the Washington, D.C. headquarters of the Heritage Foundation, a seven-story brick building on Capitol Hill, appointed with thick rugs, chandeliers and enormous floral arrangements. On the second floor, near the Ukrainian Congress Committee of America and Amway headquarters, ALEC had a suite of offices.” Today, they are housed in Arlington, VA.

Former Amway President, and CNP charter member, Dick DeVos, and his wife Betsy DeVos, (former chair of the Michigan Republican Party and brother of Erik D. Prince, founder of Blackwater/Xe/Academi) are long-time supporters of the Heritage Foundation and SPN affiliates such as Michigan’s influential Mackinac Center for Public Policy.   ALEC has a huge list of corporate donors. Here is a list of their many corporate members, and here is a partial list of politicians that are known to be involved in, or previously involved in ALEC. Not all dues-paying members of ALEC are included because ALEC does not post its full list, but the list includes politicians who have been in a leadership role in ALEC, as a member of a task force, or other publicly known role. It also includes politicians who have been featured speakers or who have accepted awards at ALEC meetings.

ALEC’s membership is 95% corporate along with 2500 of the 7500 legislators from every state. This is where state legislation originates. For you Tennesseans, remember that state Senator Mark Norris, the bagman for our neo-conservative Trotskyite governor, is a long time member of ALEC. I would bet every state has members of ALEC.

Public-Private Partnerships (P-3) 

NCRP reported, “Privatization is the altar at which the American Legislative Exchange Council and the Madison Group worship. The state think tanks’ agenda includes privatization of most public services, from mass transit to health clinics to environmental protection, and even libraries; vouchers and tax credits; deregulation of business; opposition to labor-backed policies like the minimum wage and family leave; and rollback of taxes.”

In Bill Jasper’s New American Magazine article, The Not-So-Smart ALEC, of April 21, 2014, he states, “ALEC’s model legislation for states promotes a “Public-Private Partnership (P3) Authority Act,” the summary of which states:

“This Act establishes a state Partnership Committee and an Office of Public-Private Partnerships to identify and establish public-private partnerships and approve qualified bidders, requests for proposals, and template contracts. The Act is designed to improve public operational efficiency and environmental performance, promote public safety, attract private investment in the state, and minimize governmental liabilities.”

“In this area, the supposedly “conservative” ALEC is perfectly in step with the “progressive” Obama administration, which has made public-private partnerships (P3) a centrepiece of its statist program. Many of ALEC’s member corporations are also partners in Obama’s Fedgov/Big Business “Manufacturing Innovation” consortiums and other P3 endeavours. They include such well-known names as Boeing, General Electric, Microsoft, Caterpillar, Dow Chemical, ALCOA, and ExxonMobil. Hillary Clinton, while Obama’s secretary of state, launched the administration’s P3 Global Partnership Initiative, spreading hundreds of billions of dollars in corporate welfare to the well-connected.”

ALEC is in the forefront of spreading the P3 gospel at the state level, along with its progressive partner, the U.S. Chamber of Commerce (USCC), which, like ALEC, talks a good game of “free markets” while actually promoting corporate subsidies and economic fascism. Please read Erica Carle’s short three part article on the Chamber of Commerce and the New World Order

ALEC’s corporate P3 members are well represented by:

  • Big Pharma (Abbott, AstraZeneca, Bayer, Genetech, GlaxoSmithKline, Pfi­zer);
  • Big Farm (Altria Group, Archer Daniels Midland, Kraft Food, J.R. Simplot, ­Monsanto);
  • Big Oil (Shell, BP, Peabody, Marathon, Texaco, Tenneco, Chevron, ExxonMobil);
  • Big Banking (Bank of America, Coldwell Banker, Wells Fargo, First Chicago NBD);
  • Big Gambling (Hollywood Casino Corp., Argosy Gaming Co., Boyd Gaming Corp., GTECH Corp.);
  • Big Media (Cox Communications, Comcast, the Wall Street Journal, News Corp., Thompson Reuters, Time Warner Cable);
  • Big Insurance (Blue Cross Blue Shield, Farmers Group, GEICO, Liberty Mutual, State Farm, Travelers);
  • Big Tech (Yahoo, Face book, Google, AT&T, eBay, Hewlett-Packard, IBM, Intel, Sony);
  • Big Soda (Coca-Cola, Pepsi-Cola, Dr. Pepper Snapple Group);
  • Big Liquor (Seagram & Sons, Hiram Walker, Miller-Coors);
  • Big Box Stores (Best Buy, Home Depot, JC Penney, Lowe’s);
  • Big Auto (Ford, GM, Toyota, Chrysler).

ALEC’s critics on the Left erroneously cite these cosy corporate ties as evidence of the corruption inherent in “free market” capitalism. But the ALEC/Obama P3 “partnerships” are the antithesis of genuine free markets, in which entrepreneurs risk their own capital — not that of the captive taxpayers — to build businesses that provide goods and services consumers freely choose to purchase, not those determined for them by politicians and government planners. This information all came from Bill Jasper’s amazing article, check it out here.

ALEC and the Article V Convention

ALEC has long promoted an Article V Constitutional Convention using the excuse that we need a Balanced Budget Amendment. If you’ve read Publius Huldah’s articles on same, here and here, then you understand what a terrible danger the BBA actually is to our Constitution. ALEC even produced a “Resolution for Limitations on Authority of Delegates to a ‘Convention for Proposing Amendments’ (Article V, United States of America Constitution).” ALEC claims this resolution will curtail and eliminate the possibility of a “runaway convention.” The resolution restricts delegates to work only on those amendments authorized in their legislative instructions and calls for the immediate recall of any delegate that works on an unauthorized amendment.” This is total balderdash! Once a Convention is opened, all is fair game!

The very reason most often cited by scholars for their opposition to an Article V Convention is because the 1787 Convention set the precedent. There is absolutely no way that a new Constitutional Convention can possibly be controlled, no matter the circumstances or restrictions set down prior to the Convention.

The precedent was set in the 1787 Convention when the states convened simply to revise the Articles of Confederation, and ended up throwing out the Articles, and writing a new Constitution. The intention from the outset of many of its proponents, chief among them James Madison and Alexander Hamilton, was to create a new government rather than fixing the existing one. This is also what exists today. George Soros and his leftist groups, along with the neo-conservative Trotskyites on the right, Michael Farris, Mike Levin, Goldwater Institute, I Am America, David Barton, Glenn Beck, etc. etc. ad nauseam, are all fomenting change to our Constitution through an Article V convention. What is waiting in the wings is the New States Constitution written over a period of 10 years, at a cost of $25 million, by the Ford Foundation, which eliminates everything after “We The People,” and that includes our God given, unalienable rights.

Countless authorities have stated that there is no Constitutional Convention that can be controlled. Once a Con-Con is opened, the entire document can be taken down and changed. There are no statesmen today like our founders, and the risk of opening a Convention for any reason, would result in the destruction of the last threads binding us to a representative Republic.

Here is ALEC’s handbook on the Constitutional Convention, and of note, the Church of Scientology is also an ALEC member. Link

ALEC and Common Core

In the Washington Post article of June 7, 2014, it states what we already knew, “The Bill and Melinda Gates Foundation didn’t just bankroll the development of what became known as the Common Core State Standards. With more than $200 million, the foundation also built political support across the country, persuading state governments to make systemic and costly changes.”

Gates money flowed to policy groups on the left and the right, which funded research by scholars of varying political persuasions who promoted the idea of common standards. None of this is new, of course. Back in the 60s, we had Mastery Learning and then Outcome Based Education, then Goals 2000, etc. ad nauseam, all of which were the same exact thing with a different name. Those fighting Communist Core have failed to realize that liberals at the Center for American Progress and so-called conservatives affiliated with the American Legislative Exchange Council, both accepted money from Gates to promote Communist Core. Normally these groups disagree on every issue that comes down the pike, but they found common ground on Common Core, the diversion from the danger of charters, vouchers and choice, the real Trojan Horse!

ALEC and Trade Agreements

Again, in The Not-So-Smart ALEC, Bill Jasper tells about ALEC members adopting a “Resolution Supporting the Successful Negotiation of a Comprehensive and Commercially Meaningful Transatlantic Trade and Investment Partnership (TTIP).” ALEC also adopted a “Resolution Urging Congress to Pass the Trans-Pacific Partnership Agreement (TPP).”

Jasper goes on to say:

“One of the most important facts, if not the most important, to know about both the TTIP and TPP is that they would, if adopted, steadily strip away our national sovereignty, allowing the World Trade Organization (WTO) and the United Nations, as well as regional tribunals and regulatory bodies created by these agreements, to override our local, state, and federal laws. This feature alone makes them very subversive, revolutionary proposals that should be opposed by every elected or appointed official who has taken an oath to “support and defend the Constitution of the United States.” This is no longer a matter of theoretical speculation; as The New American has reported previously, the North American Free Trade Agreement (NAFTA) and the WTO agreement have amply proved this. As a result of adopting both of those agreements, NAFTA and WTO rules and rulings increasingly trump our laws.”

This is what Paul Weyrich, the Grand Poobah of the phony right, has given us with ALEC.

Weyrich was also a Member of The Interfaith Council for Environmental Stewardship (ICES), which amounts to a “greenEvangelicals and Catholics Together document, with many involved already having signed the ECTI or ECT II or other ecumenical ventures. Their Cornwall Declaration on Environmental Stewardship, a dominionist group and effort, signed by Evangelicals, Catholics and Jews, many from the CNP, is an environmental statement of faith uniting these same groups in yet another venue.

In Part 8, we’ll discuss Weyrich’s and Morton Blackwell’s membership in The Society for the Protection of Tradition, Family and Property (TFP). Again, the name is the antithesis of TFP’s real strategy and purpose, just like many of the laws our Congress passes where the names sound so good, but the law is so unconstitutional.

 

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Misrepresenting The John Birch Society

by JBS President John F. McManus

The organization known as Convention of States (COS) wants a constitutional convention although its advocates claim that they want only a limited Convention of the States. Altering the terminology used for a constitutional convention, however, does not alter what is being sought by COS advocates. And the claim by COS or anyone that a constitutional convention can be limited to a single amendment, or to several named amendments, cannot be supported. Article V says that a convention may be called by the states “for proposing Amendments.” No number is given. Once a convention is underway, the number of amendments it produces can be limitless, and the current ratification method by the states could be altered or even abolished.

In addition, a recent COS release entitled “John Birch Society Denies Its History and Betrays Its Mission” accuses the Society of reversing the stands taken by JBS Founder Robert Welch and former Chairman Larry McDonald relative to The Liberty Amendment. It also claims that current John Birch Society President John McManus (this writer) has misrepresented Founder Robert Welch and former Congressman Larry McDonald. This is completely erroneous and irresponsible.

In August 1963, Robert Welch urged JBS members to ask legislators in Alabama to approve a resolution favoring the Liberty Amendment. In his urging, Robert Welch made no mention of the Constitution’s second method for gaining amendments, the constitutional convention. He favored the first choice mentioned in Article V which seeks two-thirds approval of both Houses of Congress before a measure is sent to the States where ratification by three-quarters would be needed to complete the process. This method for adding an amendment to the U.S. Constitution happens to be the only method ever employed. For over 200 years, fear of a runaway convention (as occurred in 1787 during deliberations at a convention called to repair the Articles) has kept the amendment process strictly through the first method.

Similarly, Congressman Larry McDonald favored adding the Liberty Amendment to the Constitution. On October 9, 1973, his interview about the matter was published in the Congressional Record. In it, he mentioned that the Amendment was being “advanced in both ways” but he never advocated the convention route. As a member of Congress, he introduced the resolution containing the Liberty Amendment for passage by Congress in the traditional manner. He mentioned but did not favor the existence of the amendment route that would involve a constitutional convention.

Several years before he was slain in 1983, Larry McDonald wrote the 1976 book entitled We Hold These Truths. In it, Larry McDonald capably noted the two routes spelled out in the Constitution for adding amendments. How could he or any constitutional scholar (McDonald was indeed such a scholar) fail to note the existence of these two procedures? But, in the portion of his book discussing amendments, Congressman McDonald expressed explicit choice for neither. To claim that he favored one or the other when he was simply noting both is a complete misrepresentation of what he wrote. The COS release has engaged in misrepresentation, not The John Birch Society.

The COS release notes that, in 1983, Congressman Ron Paul joined with Congressman McDonald in introducing the Liberty Amendment in the House of Representatives. The two men obviously favored the route calling for the amendment to be passed by Congress. They had already introduced the resolution calling for Congress to pass the amendment several times. On no occasion did they express any favor toward the route of a constitutional convention.

On April 30, 2009, Congressman Paul and two co-sponsors again proposed that Congress pass the Liberty Amendment. There is no mention of the constitutional convention route to amend the Constitution in that move.

It is true that state resolutions calling for the Liberty Amendment mentioned the constitutional convention route. And it is equally true that Liberty Amendment author Willis Stone counseled state legislators to call for a constitutional convention on behalf of the Liberty Amendment. But during my own very friendly relationship with Willis Stone, the Liberty Amendment author clearly bared the strategy he was employing. Fearing that such a convention might actually occur if sufficient number of states (34) made the convention call, I asked him point blank, “Do you actually want a constitutional convention?” His very prompt and forceful response to me was, “No, I don’t worry about that because no one would be stupid enough to want a Con-Con.” He was relying on fears of many – including members of Congress – that the existing Constitution would be in jeopardy similar to what befell the Articles of Confederation in 1787. He further explained that if his work among the various state legislatures succeeded in getting close to the number 34 (the number that would trigger a convention), members of Congress would move quickly to pass approval of the measure themselves in order to keep a constitutional convention from becoming a reality.

In 1963, the Liberty Amendment Committee headed by Willis Stone published Action For Americans: The Liberty Amendment, a book promoting the Liberty Amendment. No book on this topic could be issued by the Liberty Amendment Committee without Willis Stone approving of every word. In their book, authors Lloyd G. Herbstreith and Gordon van B. King stated:

Some people have expressed fear of what a Convention might do. They point to the fact that the 1787 Convention was convened to amend the Articles of Confederation; however, it did not do this. It wrote an entirely new Constitution. A convention called now might similarly re-write the entire Document, instead of merely proposing an amendment….

As soon as twenty or more State Legislatures have approved the Liberty Amendment, Congress will approve it, and return it to the States for ratification.

There you have the opinion of the chief promoters of the Liberty Amendment, certainly including Willis Stone. What Mr. Stone told me of his plan is what these two authors, both friends and supporters of Mr. Stone and the Liberty Amendment, have confirmed.

Conclusions:

1. Neither Larry McDonald nor Robert Welch ever favored the route of a constitutional convention for adding amendments to the Constitution. Both merely knew that the Constitution allowed such a method.

2. Larry McDonald’s book We Hold These Truths does not place him in the camp of those favoring a constitutional convention.

3. Willis Stone’s strategy is clear. He wanted to force Congress to act to pass the Liberty Amendment resolution in order to prevent creation of any constitutional convention.

4. The book by Herbstreith and King confirms the Stone strategy.

5. An apology for accusing The John Birch Society for denying its history and betraying its mission directed to me and to the memory of Robert Welch, Larry McDonald, and Willis Stone should be issued by COS. It would be received with gratitude.

Learn of other false accusations made by Con-Con supporters here.

Are you receiving our free weekly e-newsletter? Keep up with our latest news by signing up at JBS.org or on our Facebook page.


A former U.S. Marine officer, Mr. McManus joined the staff of The John Birch Society in August 1966 and has served various roles for the organization including Field Coordinator, Director of Public Affairs, and now President. He remains the Society’s chief media representative throughout the nation and has appeared on hundreds of radio and television programs. Mr. McManus is also Publisher of The New American magazine and author of a number of educational DVDs and books.

Why the Article V Convention Must Be Opposed from Oath Keepers

Editor’s Note: The following article is in reference to an article at The New American, here:

http://www.thenewamerican.com/usnews/constitution/item/20484-battle-over-constitutional-convention-rages-in-texas

by Jay Stang, Texas Oath Keepers President and member of our Board of Directors

Fellow Oath Keepers,

The Constitution provides us several avenues to amend, or change it. The avenue most Americans are familiar with is the amendment. The least known, until now, is the convention, also identified in Article V. The convention, known in this day as the Convention of the States (CoS), would be convened for the purpose of proposing amendments. Is there anything else that could happen? I can’t say for sure, but consider this: if the US Government had any chance of ridding itself of the chains that Jefferson prescribed, do you think it would take the chance? Any way to rid itself formally of the Bill of Rights?

Who would be sent to this Convention? Remember, if the Article V machinery is sent into motion, think about who will control it? Our current federal government? How many times have you been frustrated with the failure of congressional leadership in both houses to uphold their oaths, or to put our interests first? Guess what? They’ll be forming and planning the convention. Uh oh. There are several pieces of state legislation in the Texas Legislature right now to specify delegates, how they are selected, their qualifications, etc. That sounds great on paper, doesn’t it? Will the delegates faithfully execute the charter given them by the various state legislatures around the country? What did the delegates to the last convention do? Here is the exhausting detail in which the convention is described.

Article V:

“The Congress…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;…”

That’s it. That’s all the Constitution says regarding the convention. It doesn’t say what they are allowed to talk about, or not allowed to talk about. Congress doesn’t get any guidance on how to run it. What if they throw out the whole Constitution? Is it possible? Do you trust John Boehner, Mitch McConnell and President Obama?

Why do we need a CoS? To pass a balanced budget amendment? Would that solve our problems? One more law, one more amendment? Does the federal government follow the Constitution now? If not, why not?

Friends, the Constitution was created for a moral and religious people. It is unsuited for the governing of any other. Why? Moral and religious people govern themselves. They don’t need an all powerful government to do it for them. With no integrity or ethics, the Constitution is merely an eloquent collection of words on paper. It has no magic power. No soul. The Constitution is only as good as the people who follow it. It is not the laws on the books that matter; it is the law in our hearts that matters. If we can not govern ourselves, someone else will. Nature abhors a vacuum.

Please ponder these questions as you decide whether to support or oppose the Convention of the States. Just remember this: when people tell you not to worry, that’s when you should start.

OK TX ComeTakeIt