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
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Why the Article V Convention Must Be Opposed
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.
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.
You all need to read the above link by a former judge to get a jump on the punitive fraud being perpetrated against us.
http://beforeitsnews.com/alternative/2015/04/judge-blows-the-lid-off-the-great-fraud-3132632.html
This whole article is much ado over nothing..
When the FED was designed and authorized to serve the States they realized the potential for it to grow and become a central self serving all encompassing entity.
Article V was the our Founding Fathers means to allow the States to maintain rule and sovereignty. This is part of the checks and balance built in to the Constitution. When you have a Government gone wild, we see it today, the States can step up and cross check it and put it down if necessary.
This FED GOV does not control the States; the States and the People are the sovereign and need to remember and practice that. Yes Article V allowing for a Convention of States is the means by law of the land and peaceful method to maintain and “Keep This Republic”.
– An amendment may be proposed by a two-thirds vote of the House of Representatives and the Senate OR
– a national convention called by Congress at the request of 2/3 of the state legislatures. This last procedure has never been used.
The amendment MAY THEN be ratified by 3/4 of the state legislatures (38 states) OR by special conventions called in 3/4 of the states. The 21st amendment was the only one to be adopted in this way.
However, IT IS THE POWER OF CONGRESS TO DECIDE WHICH METHOD OF RATIFICATION WILL BE USED.
“Article V was the our Founding Fathers means to allow the States to maintain rule and sovereignty. This is part of the checks and balance built in to the Constitution. ”
Actually, no, since the states created the US Constitution at the behest of the people – and it IS made clear in the Preamble to the US Constitution that it is “We the People” who ultimately created it and as such control it. The general (federal) government was given specific, put-into-writing duties and powers and they can LAWFULLY take no others.
The problem is that those domestic enemies of the USA who serve within the states do NOT exercise their lawful power as the creation of the people, and the creator of the general (federal) government.
The problem that we now face is that those serving within the states are not doing their lawful duty as required. It is still a problem of enforcement by the people to those who serve within our governments.
Already the federal government, ALONG WITH THOSE WHO SERVE within state governments BOTH implement unconstitutional laws and regulations against the people who control both types of Constitutions – the US Constitution and each state’s Constitution.
But the biggest problem really is that the enforcers of those Constitutions, and the laws of our land, are the people themselves, not anyone who serves in any position within the state or federal governments.
Since it is enforcement that really is the true issue, how do you expect to enforce any Amendment you plan to get through if you cannot already enforce what we already have on the books?
How are you going to teach the people to enforce those laws on those who serve within our governments?
Are You yourself going to bother to learn how the people are actually the enforcing arm of the government as provided by the US Constitution?
If there is no lawful enforcement as required by the US Constitution and each state Constitution then there will be unlawful (color of law) enforcement as we are already having, except more of the same.
“Article 5.
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”
Simply Stated:
The Congress, when 2/3 of both the House and Senate deem it necessary, can propose amendments which, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths of the state, the Constitution will become amended accordingly.
or
The Congress shall, when 2/3 of the State Legislatures make an application to Congress for a convention, call a Convention for proposing amendments, called a convention of States, in which the states propose amendments which when submitted by Congress to all the states, and when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths of the state, the Constitution will become amended accordingly..
Following historical precedent, the State Legislatures will appoint representatives to attend the convention to propose amendments – with each state having one vote – and, 2/3 of the states must agree on the proposed amendment. 3/4 of the states must ultimately approve the amendment before it becomes a part of the Constitution.
The Constitution reads: “as the one or the other Mode of Ratification may be proposed by the Congress;”
From that I deduce and I also will add it is historical fact that Congress submits the proposed amendment for ratifiation and determines the method of ratification”
And, in case you missed it, I’m a surporter of COS.
I thank you for your COS support. However, I must agree with Mr Smith in this case. Your “historical fact” is based on the historical Amendment process, not the Amendment Convention process. The fact here is that the Constitution gives Congress no interposition authority regarding Amendments proposed by a Convention.
David Dietrich