Nullification and Article V COS

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?

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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.

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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#

 

 

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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.