Article V COS and Nullification

11/3/2017:  The New American:   Communist SYmpathizer Magazine "The Nation" Backs Convention of States https://www.thenewamerican.com/usnews/constitution/item/27293-communist-sympathizer-mag-the-nation-backs-convention-of-states

----------------------------------------------------------------------------

9/23/2017:  Thank you Susan Mehiel for writing this to our Reps Chuck McGrady, Cody Henson, and Senator Chuck Edwards.  This is an in depth, well researched on the other side of COS that readers need to take heed.  (Article in Blue Ridge Now.com http://www.blueridgenow.com/news/20170926/convention-of-states-hopes-to-rein-in-federal-government)

Gentleman:

My schedule does not allow me to attend the Sept. 26 gathering on the Convention of States concept so I thought I would send you some points to consider as you go to the meeting with what I hope is an open mind.  The COS debate (and there is a debate about the need for and nature of such a convention) encompasses two main aspects – 1) the process and 2) the amendments.
 
I am not a constitutional scholar but there are many who are and one who I have met personally and support is Publius Huldah.  Yes, she goes by a pen name and her reasons are her own.  But the name Publius was used by the authors of the Federalist Papers in 1787 and 88.  It’s not a surprise that someone would want to keep their name out of the limelight when you are going against some formidable opponents in this era of social media.  Be that as it may, she does speak publicly on a regular basis around the country and has spoken here in Hendersonville.
 
As to process, there are no definitive guidelines for conducting a COS.  Publius Huldah, after years of research, into not just the Federalist Papers but also the writings of the founders and constitutional experts, has come to some conclusions including:  Congress WILL control the delegate selection process and state apportionment, Congress WILL control the proceedings (including possibly making them secret as was done in the past), Congress WILL control the amendments voted on.  The States will not.
 
“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”  A quote from the Congressional Research Service Report on Conventions of States found in Publius Huldah’s article on the process of a COS here: https://publiushuldah.wordpress.com/category/balanced-budget-amendment/
 
And once constituted, who will decide specifically the areas of governance to be addressed; who will write and propose the Amendments?  Everyday citizens will have to rely on the delegates, whoever they may be, to represent their best interests.  Do we really want to cede this power to people and a process that is still under debate? 
 
As to the amendments themselves, we can look at two amendments that have been proposed by so-called Conservatives and consider their influence and effectiveness.  First, is an amendment proposed some time ago by Michael Farris, a major figure in the COS movement.  Farris and his Parental Rights Organization (sounds good, doesn’t it?) set out to have congress vote to support his Parental Rights Amendment to delineate and define parental rights and allowing judges to determine who and how they would be violated.  Publius Huldah explains that parental rights are God given not man given and do not belong in the constitution.
 
Mr. Farris drew his idea of a Parental Rights Amendment from the U.N.’s Universal Declaration of Human Rights <http://www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=eng.  As Publius Huldah points out  “Under the PRA, parental rights come from the Constitution – not God.  They are only “fundamental” rights, not unalienable rights.  They are enumerated rights, the extent of which will be decided by federal judges. And these “fundamental” rights may be infringed by law when the federal or State governments have a good reason for infringing them.”
 
Fortunately, Mr. Farris and his organization were stopped and exposed before they could get very far.  We now find him once again trying to be the arbiter of what is a God given and what is a Man given right as he promotes the COS idea.  More on his PRA scheme here:  https://publiushuldah.wordpress.com/category/parentalrights-org/
Once you grant authority to the fed through Constitutional law, not already granted in the enumerated powers clause of the Constitution, you give control to define and enforce laws to higher authorities and NOT the people or States.  Like the Parental Rights Amendment, the Balanced Budget Amendment is the same – sounds good but opens a whole new can of worms!

“Our Constitution doesn’t provide for a budget.  Spending is limited by the enumerated powers. Pursuant to Art. I, §9, clause 7, the Treasury is to publish periodic Statements and Accounts of the Receipts and Expenditures. Since the list of objects on which Congress is authorized to spend money is so short, it would be a simple matter to monitor federal spending and receipts.  But since the unconstitutional Budget & Accounting Act of 1921 <http://www.legisworks.org/congress/67/publaw-13.pdf, Presidents and Congress have been putting into the “budget” whatever they want to spend money on.”

Defining, capping or in any other way outlining how and on what the fed can spend our money other than what’s already enumerated, opens the flood gates to out of control spending and taxation to attempt a balance.  If you read anything I’ve linked here, PLEASE read her article on the Balanced Budget Amendmenthttps://publiushuldah.wordpress.com/2016/12/28/balanced-budget-amendment-the-solution-or-deathblow/
 
But what can we do to stop an out-of-control federal Leviathan?  We can elect legislators and Presidents who will return us to the near perfect document created by our Founders!  As Publius Huldah says, “If our leaders aren’t following the Constitution now and aren’t listening to the people, what makes you think they’ll do so after a COS?” 
 
My political interests have been elsewhere during the past year, but I believe that three states who had approved a COS have subsequently revoked their approval.  I would suggest you look into why that has happened as I’m sure you are being pressured to push for a vote in our NC State legislature.  My interests have been directed in helping elect people who will reign in the fed and hopefully use due process to do what the COS promoters hope for.  I believe since President Trump was elected, we are on the right path and I know I will be spending my time and energy on primarying RINO’s and supporting constitutional conservatives at all levels of government.  That is the best way everyone at the state and local level can support a return to our Constitutional principles and not by following a few who have determined that they have all of the answers.
 
Thank you for your time and I would be happy to visit with you to discuss these concepts.
 
Sincerely,
Susan Mehiel
Hendersonville, NC

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

February 21, 2017

Letter from Pam Danz to Rep Cody Henson, NC House 113 requeting non-support for HB44 Convention of States bill.  

From: Pam Danz <pgdanz1@morrisbb.net>
Date: Tue, Feb 21, 2017 at 4:21 PM
Subject: RE: HJR 44 COS
To: Cody.Henson@ncleg.net

Dear Cody,

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H D HOUSE JOINT RESOLUTION DRHJR40033-BD-6   (01/31) IS A VERY GOOD IDEA WHOSE TIME HAS COME.  It puts a stake through the heart of the COS movement and cleans up the docket so that old COS resolutions cannot pop up and do us mischief.  I am a dyed in the wool TEA Party conservative and certainly want the swamp drained, but I am against the COS.

 

At first glance a Convention of States (COS) seems to be a good way to get our runaway federal government under control.  But credible persons such as Chief Justice Berger, JD Joe Wolverton II, VA State Senator Bob Marshall, Phyllis Schlafly, and Dr. Thomas Woods, Jr., say it would be a disaster.

 

First and foremost: It would not solve the problems that it purports to solve.  If politicians can ignore the language of one Constitution, then they can ignore the language of another. People who break rules don’t start obeying them just because you write some new ones.  Our main problem in Washington is that our legislature ignores the Constitution we have.  They have gone way beyond the 18 Enumerated Powers and ignored the prohibition against any laws made by anyone but the Congress.  We have an alphabet soup of agencies making our laws and the COS will not change this.  It may exacerbate it.

 

There is the great danger in this COS is that the Amendments proposed by Mark Levin such as #6, “Subject federal departments and bureaucratic regulations to reauthorization and review,” would legitimize such currently unconstitutional departments such as the EPA and the Education department.  By writing laws to control them you say that you can ignore the Enumerated Powers, as they have been doing, and allow the federal government to create and oversee any such departments. It would create legitimacy for them.  They now rely on twisting the meaning of the Interstate Commerce Clause (Art. I, Sec. 8, clause 3), the General Welfare Clause (Art. 1, Sec. 8, clause 1), or the Necessary and Proper Clause (Art. I, Sec. 8, Clause 18).  Such perversions of the clauses can be challenged and corrected.  We want to address one problem at a time instead of trying to fix the whole mess in one fell swoop.  Trying to do too much at one time gives you legislation like Obamacare, full of hidden earmarks and compromises.

 

The scariest reason to avoid a COS is that the Constitution is just as likely to be remade to serve the liberal agenda as the conservative one.  George Soros is pumping a lot of money into the cause.  If you read Article V, you will find that there is no rule included in it as to how the delegates to the convention would be chosen.  It could be that the very lawmakers that are currently ignoring our current Constitution would be in charge of the next. The exhortation to “Trust me!” by those who are pushing the COS is not a sufficient protection against undesirable delegates.

 

Proponents of the COS also say that since the states have to ratify any amendments that are proposed, we are safe.  However, if the delegates at a COS come up with a new Constitution - that new Constitution could have its own new method of ratification. [That would be the new Constitution's counterpoint to our existing Article VII.] That new method of ratification could be anything the delegates want. It could be majority vote in Congress. It could be approval by the President. Whatever they want!

 

Remember the only other time in our history that a COS was called, the delegates were given strict instructions to simply amend the Articles of Confederation and, instead, those honorable and wise men came up with a whole new constitution.  The rascals we have around now could also disobey their instructions.  All we really need to protect us from metastasizing government growth and spending is to demand that our beloved Constitution be obeyed as written.  Putting honest constitutional conservatives like Mark Meadows into office in Washington and in our Statehouse, and standing firm in revivifying our Constitution.

 

Blessings and good wishes,

Pam Danz


Refuting Objections - But Nullification Isn't in the Constitution http://tenthamendmentcenter.com/2015/03/26/refuting-objections-but-nullification-isnt-in-the-constitution/

Misreading McCulloch vs Maryland http://tenthamendmentcenter.com/2015/03/30/misreading-mcculloch-v-maryland/

Nullification Arguments For

Delegates to an Article V Convention Can't Be Controlled by State Laws!  

Those pushing for an Article V convention assure you that Delegates to a convention can be controlled by State laws.  But that is not true.  Delegates to such a convention are the Sovereign Representatives of The People and have the inherent sovereign power to throw off our Form of government and institute a new Form of government (Declaration of Independence, 2nd para).  

Our Form of Government is our Constitution of 1787 - it is our 2nd Constitution.  

Our 1st Constitution was the Articles of Confederation.

How did we get from our 1st Constitution to our 2nd Constitution?  

There was a convention to propose amendments to our 1st Constitution.

The result of that convention was a new Constitution with a new method of ratification.  Whereas all 13 of the States had to approve amendments to our 1st Constitution; Article VII of the 2nd Constitution provided that it would be ratified by only 9 States. 

PEOPLE!  You better open your eyes.  Or you will wake up one day and find that a 3rd Constitution has been imposed - and you will not like it. 

This short paper shows why Delegates to an Article V convention can not be controlled by State Laws:

 

There is a safe way to smack down the federal government:  LEARN and ENFORCE the Constitution of 1787 we already have!  We have been ignoring it for 100 years:  THAT is the problem.

Publius Huldah Blog on Nullification:  https://publiushuldah.wordpress.com/

Mark Levin Refuted,Keep The Feds In Check With Nullification Not Amendments:  https://publiushuldah.wordpress.com/2013/09/15/mark-levin-refuted-keep-the-feds-in-check-with-nullification-not-amendments/

ToBeRight.com:  The Convention of States Scam:

http://www.toberight.com/2013/12/the-convention-of-the-state-scam/

The Development of Article V, U.S. Constitution, at the Federal Convention of 1787:

 https://publiushuldah.wordpress.com/article-v/

Tenth Amendment Center:  http://tenthamendmentcenter.com/

 

Arguments Against an Article V Convention of States (COS) Convention: 

 

Former law professor Rob Natelson is "the brains" for various factions pushing for an Article V convention. Read this and you will see that the claims COS makes that States control a convention from start to finish are built on a foundation of misrepresentations.......  Read the following:

Rob Natelson Perverts the Necessary and Proper Clause and Thinks in Circles:  News With Views: http://www.newswithviews.com/Publius/huldah132.htm

https://www.youtube.com/watch?v=Msq-Iw3rX_4

 

The Truth is that Congress has all the power to organize and set up the convention Congress "calls" under Article V.

BUT!  Once the convention convenes and the Delegates seated, they are invested with that inherent sovereign right of a people to alter, abolish, or throw off their Form of government.  Declaration of Independence, 2nd para.

The Constitution of 1787 is our Form of Government.

Delegates to a convention can throw it off.  And propose a new constitution with a new mode of ratification.

Do you trust the Delegates?

Oh!  You don't know who they will be, do you?

--------------

4/15/2015:  Gov Sarah Palin on Debunking The Myths of  A Convention of States: http://conservatives4palin.com/2015/04/gov-sarah-palin-%E2%80%A2-debunking-myths-of-a-convention-of-states.html

Some questions to consider. NC legislature's  Joint Resolution Applying

to Congress for An Article V Convention of States (HR 48)

From: "George Danz" <gedanz@gmail.com>
To: "Chris Whitmire" <csawwhitmire@comporium.net>, "Rep. Chris Millis" <Chris.Millis@ncleg.net>
Subject: H.J.R. 48 Feb 4, 2015
Date: Mon, Mar 2, 2015 2:50 PM

 

Dear Representatives Millis and Whitmire;

Attached is the latest copy from the NCLEG site on this Joint Resolution 
APPLYING TO CONGRESS FOR AN ARTICLE V
CONVENTION OF THE STATES WITH THE PURPOSE OF PROPOSING AMENDMENTS TO THE 
UNITED STATES CONSTITUTION

I have several questions for the Legislature pertaining to the 
Legislature's choice of means for attaining the goals it has set for 
H.J.R. 48.

    The first question: What or Who convinced the Legislature to choose 
the Convention of States Method for proposing Amendments to attain 
fidelity to the Constitution when this procedure has never successfully 
been accomplished before?

    The 2nd question: Is the Legislature familiar with the fact that our 
US Congress, President and Judicial Branches have continually and 
progressively ignored the US Constitution as written, and the US 
Congress has not successfully been able to enforce compliance to it?

    The 3rd question: If the stated goal(s) of H.J.R. 48 are

     1) to be guardians against actual or potential abuses of power by
     the federal government,
     2) the solemn duty of the States to protect freedom and opportunity
     for NC citizens, including the generations to come, and
     3) to place clear restraints on these and related abuses of power?

Then, isn't jousting at windmills a terrible waste of taxpayer time and 
money, considering that we have to fund the operations of the General 
Assembly in Raleigh?


Wouldn't doing that seem to you a total waste of your time, and 
subsequently, taxpayer expense?  Would it not also seem a waste or the 
General Assembly's time in efficiently attaining your presumed goal as 
stated in H.J.R. 48, namely,

-- 
Thomas Jefferson: "Anyone who desires to be ignorant AND free desires 
what never was and never will be.

---------------------------------------------------------------------------------------------------------------------------

Article V Convention of States Arguments For

Article V Convention of States:  http://www.conventionofstates.com/newsblog

 

Hear Michael Farris lay out the case for an Article V COS Convention: https://www.youtube.com/watch?v=Msq-Iw3rX_4

And read here:  https://d3n8a8pro7vhmx.cloudfront.net/conventionofstates/pages/145/attachments/original/1410015956/Answering-Huldah.pdf?1410015956

 

Michael Farris Response to Publius Huldah:  https://d3n8a8pro7vhmx.cloudfront.net/conventionofstates/pages/145/attachments/original/1410015956/Answering-Huldah.pdf?1410015956

 

Hear R. Charles “Kacprowicz” Casper

Executive Director
CITIZEN INITIATIVES (828) 783 0599 or (828) 374 0009

Hear Article V Countermand Amendment here:  https://www.youtube.com/watch?v=q64-ObpRCyc&feature=youtu.be

Article V:  Amending The Constitution: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/articlev.htm 

NC Senate Bill 399 Filed 3/24/2015 for An Article V Convention of States

Senate Bill 398 was filed today, March 24, 2015 meaning the Senate has introduced a bill to have NC apply to Congress for an Article V Convention of the States.  This is a companion bill to H321- which is the House version.  As soon as our Senate bill is assigned to a committee we will let you know.


We have an upcoming House Judiciary Committee hearing and vote.  We don't have a confirmed date yet, but it could be as early as April 1.  When we get a firm date we will send you a notice to email and call key committee members.  So be getting your mind right and your typing fingers ready!

Finally, we will hold another statewide conference call on Monday night (March 30) at 8 pm.  We will give some updates and then we will begin a series of "educational seminars" regarding the most common objections to Article V and a Convention of States.  Monday night we will spend a few minutes addressing the "runaway convention" myth.  Don't miss it!

Call in number is 712-432-1212
Call ID number is 921 466 254#

 

 

-------------------------------------------------------------------------------------------------

10 Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.” – United States v. Sprague, 282 U.S. 716, 733 (1931).

 The founding fathers had good reason to pen the Tenth Amendment.

 The issue of power – and especially the great potential for a power struggle between the federal and the state governments – was extremely important to the America’s founders. They deeply distrusted government power, and their goal was to prevent the growth of the type of government that the British has exercised over the colonies.

 Adoption of the Constitution of 1787 was opposed by a number of well-known patriots including Patrick Henry, Samuel Adams, Thomas Jefferson, and others. They passionately argued that the Constitution would eventually lead to a strong, centralized state power which would destroy the individual liberty of the People. Many in this movement were given the poorly-named tag “Anti-Federalists.”

 The Tenth Amendment was added to the Constitution of 1787 largely because of the intellectual influence and personal persistence of the Anti-Federalists and their allies.

 It’s quite clear that the Tenth Amendment was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers.

When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with their president; many have spoken with their mayor.

Adherence to the Tenth Amendment is the first step towards ensuring liberty in the United States. Liberty through decentralization.

The federal system limits the ability of the federal government to use state governments as an instrument of the national government, as held in Printz v. United States, 521 U.S. 898 (1997). However, where Congress or the Executive has the power to implement programs, or otherwise regulate, there are, arguably, certain incentives in the national government encouraging States to become the instruments of such national policy, rather than to implement the program directly. One incentive is that state implementation of national programs places implementation in the hands of local officials who are closer to local circumstances. Another incentive is that implementation of federal programs at the state level would in principle limit the growth of the national bureaucracy.