We Cannot Trust Those Who Would Control An Article V Constitutional Convention To Do Anything But Use It As A Means To Entirely Bring In Tyrannical Government By Doing Away With Our Constitution FULLY
Don't Fall For The Con-Con.
I enclose a worthy speaker and writer on this issue, aka. Publius Huldah, below. -- Brianroy
Why States Can't Prevent A Runaway Convention
By Publius Huldah
The danger of an Article V convention (which made James
Madison “tremble”, caused
Alexander Hamilton “dread”,
and Chief Justice John Jay to say that another convention would impose an “extravagant
risque”) is this: the delegates to the convention can run away:
instead of proposing amendments to our existing Constitution, they can write a
completely new Constitution with a new – and easier – mode of
ratification. 1
The convention lobby implicitly acknowledges this danger when
they say State Legislatures should pass “unfaithful delegate” laws to control
delegates. 2
Accordingly, Wyoming passed a delegate law earlier
this year which purports to empower the WY Legislature to “immediately recall”
any delegate who makes an “unauthorized vote” at the convention, and to charge
with a felony any delegate who fails to follow the WY
Legislature’s instructions on what he may do at the convention.
The
Texas delegate law purports to make “invalid” any “unauthorized vote”
at the convention, and to empower the TX Legislature to recall any delegate who
violates his instructions.
But Tennessee takes the cake
with its delegate law: Not only does the TN law purport to “void”
votes cast at the convention by TN delegates which are outside the instructions
or limits placed on the delegates by the TN Legislature – and then to prosecute
such delegates for a felony; the TN law also asserts that if all TN
delegates vote or “attempt to vote” outside the scope of the instructions or
limits, TN’s previously filed applications for an Article V convention are to
be treated as “having no effect at all”. Other States have passed similar laws.
Such laws are contrary to our Founding Principles and are based on
false assumptions. Accordingly, they are unenforceable and ineffective.
1. Self-evident Rights and the Declaration of Independence
The Declaration of Independence is the Fundamental Act of our
Founding.3 It declares that all men are created equal;
our rights are bestowed by God; our rights are unalienable; and the purpose of
government is to secure the rights God gave us.
The Declaration is not “law” in the ordinary sense – it is higher than
law, for it sets forth The Divine Standard which a
Constitution – and the laws made pursuant to the Constitution – must
meet.
It also declares that a People have the self-evident right
to throw off their government and set up a new one. With that Principle
firmly in mind, let’s look at our first amendments convention; and then, at
State unfaithful delegate laws.
2. The federal convention of 1787
After our Revolution, we operated under our first Constitution,
the Articles
of Confederation. But there were defects in the Articles, so on Feb.
21, 1787, the Continental Congress called a convention to be held in
Philadelphia “for the sole and express purpose of revising the Articles of
Confederation”. The States also drafted instructions which
purported to restrict delegates to proposing amendments.
But the delegates ignored their instructions and wrote a new
Constitution [the one we now have]. In Federalist
No. 40 (15th para), Madison invoked the Declaration
of Independence and claimed, as justification for what they did,
“…the transcendent and precious right of the people to ‘abolish or
alter their governments as to them shall seem most likely to effect their
safety and happiness,’…”
Yet State unfaithful delegate laws claim a power to divest The
Representatives of the People – and to criminally prosecute them for
exercising – what the Fundamental Act of our Founding declares is a
“self-evident” right”!
3. And what if the delegates make their proceedings secret?
The State Legislators who vote for unfaithful delegate laws assume
they will be able to know what is going on every minute of every day of the
convention.
But Madison’s Journal of the Federal Convention of 1787 (where our
present Constitution was drafted) shows that on May
29, 1787, the delegates voted to make their proceedings secret.
If delegates to a convention today vote to make the proceedings
secret, the States won’t know what is going on – and can’t stop it. And if
delegates vote by secret ballot, the States would NEVER know who did what.
You might think that with cell phones & cameras, it’s
impossible to have a secret meeting. But the American Legislative
Exchange Council (ALEC), which “induces” State Legislators to push the
COS application for an Article V convention, is experienced in
conducting secret meetings with State Legislators. WATCH this 6.5 minute video
of a Georgia TV crew which attempted to get into a meeting held at a Georgia
hotel of ALEC and Georgia Legislators.
ALEC,
which supports the COS application for an Article V convention, is
funded by the Koch
Brothers and other mega-corporations. The Koch Brothers spend vast
sums on State politicians (e.g., Texas),
to get their support for the COS application. Do the Kochs want an Article V
convention so they can get a new Constitution which transforms us from a
sovereign nation to a member state of the North
American Union? And if there is a convention, will armed guards keep the
press out? If delegates have been bought by the Kochs, will they tweet &
text to the world what they are up to behind closed doors?
4. State Legislatures are “creatures” of their State Constitutions,
and have no “competent authority” to control The Representatives of The
People at an Article V convention
Americans have forgotten a Principle which is the basis of
free government: That political power originates with The People. 4 The
People create governments by means of constitutions.
Since a government is the “creature” of its constitution, it can’t be superior
to its Creator, The People.
This is why at the federal convention of 1787, where our present
federal Constitution was drafted, our Framers understood that only The People
were competent to ratify the new Constitution. George
Mason said on July 23, 1787,
“…The [State] Legislatures have no power to ratify it. They are
the mere creatures of the State Constitutions, and cannot be greater than their
creators…”
Keeping that Principle firmly in mind, let’s look at Article V, US
Constitution.
It provides that when two thirds of the State Legislatures (“mere
creatures”) apply for it, Congress is to call a convention. At that point, it
is out of the State Legislatures’ hands – the bell has tolled, and State
Legislatures can’t un-ring it. Congress “calls” the convention (sets it up);
but when it assembles, the delegates, as Sovereign Representatives of
the People, are not answerable to State Legislatures (which are “mere
creatures” of the State Constitution) or to Congress (which is a “mere
creature” of the federal Constitution). The delegates actually have
the power to eliminate the federal and state governments –
and that is precisely what the proposed Constitution for the
Newstates of America does.
Delegates to a federal convention called by
the federal Congress, to perform the federal function
of altering or replacing our federal Constitution, are
performing a federal function, not a State function. The delegates
don’t represent any government, federal or state. 5 They
are supposed to represent The People; but in our corrupt time, they are more
likely to represent the Koch Brothers (because they have the
cash).
Dust off your copy of the federal Constitution we already have,
read it and defend it. It filled all Europe with “wonder
and veneration”. If you don’t do this, we will lose it.
Endnotes:
1 The proposed Constitution for
the Newstates of America creates a totalitarian dictatorship. The
States are dissolved and replaced by regional governments answerable to the new
national government. It is ratified by a national referendum [national
popular vote] (Art. XII, §1). Other proposed Constitutions are also waiting in
the wings for a convention.
2 The American Legislative Exchange Council (ALEC)
claims their
model delegate bill “will eliminate the possibility of a ‘runaway
convention’ the reason most often cited by scholars for their opposition to an
Article V Convention.”
3 Dr. Alan Keyes spoke of this on the radio some
years ago; and I knew he had just handed me the Key to understanding our
Constitution.
4 See Federalist
No. 22, last para (Hamilton).
5 The term, “convention of states”, is a
misnomer which gives the false impression that States control
the convention. In Rob
Natelson’s speech on Sep. 16, 2010, he said he will no longer call it
a “constitutional convention”, but will henceforth say, “convention of states”
(pg. 2).
This
Chart illustrates who has the power to do what at an Article V
convention.
For more on this Constitutional Convention issue, and what Publius Huldah has to say about it, see also:
https://publiushuldah.wordpress.com/category/constitutional-convention/
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